- 5 -
First Interstate Bank to wire $50,000 to J.D.I. Realty, L.L.C.
(J.D.I. Realty). First Interstate Bank complied with that
request and wired that amount to that company, for which it
charged them a $15 wire-transfer fee.
On February 10, 2000, respondent mailed to “HAINES B.
GAFFNER (DECD)” a notice of deficiency (notice) for taxable years
1992 through 1994 and a separate notice for taxable years 1995
and 1996. On the same date, respondent mailed to Ms. Gaffner a
notice for taxable years 1992 through 1994 and a separate notice
for taxable years 1995 and 1996.
OPINION
Petitioners bear the burden of proving that the determina-
tions in the respective notices issued to them are erroneous.
See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).
With respect to the deductions claimed by petitioners, deductions
are strictly a matter of legislative grace, and petitioners bear
the burden of proving that they are entitled to any deductions
claimed. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992).
In support of their respective positions on all the issues
in these cases except the additions to tax, petitioners rely on
the testimony of Ms. Gaffner’s son, Gary Gaffner, and on a
document (petitioners’ document) that the Court allowed petition-
ers to introduce into the record at the trial in these cases
solely as a document representing petitioners’ claims with
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011