- 4 - respect to such issue.” The burden, however, shall not be on the Secretary unless, among certain other conditions, “the taxpayer has complied with the requirements under this title to substantiate any item”. Sec. 7491(a)(2)(A). Petitioner, however, did not comply, as set forth below, with the substantiation requirements relating to certain items. See secs. 6001, 274(d); Higbee v. Commissioner, 116 T.C. ___ (2001); H. Conf. Rept. 105-599, at 241 (1998), 1998-3 C.B. 747, 995 (stating that “taxpayers must meet applicable substantiation requirements, whether generally imposed or imposed with respect to specific items, such as * * * meals, entertainment, travel, and certain other expenses” (fn. refs. omitted)). Accordingly, respondent, pursuant to section 7491(a), does not have the burden of proof as set forth below. Respondent does, however, have the burden of production, pursuant to section 7491(c), relating to any 1995 or 1996 penalty or addition to tax. II. Sole Proprietorship Expense Deductions On his 1992, 1993, and 1994 returns (i.e., Schedule C, Profit or Loss From Business), petitioner claimed expenses of $164,666, $355,971, and $185,731, of which $32,123, $16,467, and $13,070 were travel, meal, or entertainment expenses, relating to Quantum and Equator. Respondent contends that the record substantiates $31,318, $211,184, and $97,321 of 1992, 1993, and 1994 expenses, respectively, but no travel, meal, orPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011