Daniel R. Blodgett - Page 4




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          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, or                        






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