- 9 - return on July 28, 1998, after the effective date of section 7491. Therefore, the burden-shifting rule of section 7491(a)(1) may apply to that year. However, as will be discussed below, the limitations on the burden-shifting rule that are set forth in section 7491(a)(2)(A) and (B) serve to preclude the applicability of that rule to the factual issues in this case involving the NOL and Schedule C deductions.2 A. Schedule C Gross Income The record demonstrates that petitioner received unreported gross income in 1995 in the amount of $29,606, determined as follows: Gross receipts Dr. Jacobs Services rendered $54,500 Reimbursement 61,004 $115,504 Dr. Socha 8,166 Total gross receipts 123,670 Less: cost of goods sold -61,004 Gross profit/gross income 62,666 Less: reported gross profit/gross income -33,060 Unreported gross profit/gross income 29,606 In contrast, the record demonstrates that petitioner did not receive unreported gross income in 1996, but rather overreported her gross income for that year, determined as follows: 2 We decide the issue involving Schedule C gross income without regard to the burden of proof.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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