Craig D. Hollingsworth - Page 6




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         Helvering, 290 U.S. 111, 115 (1933).2                                        
              Third, a taxpayer is required to maintain records sufficient            
         to substantiate deductions claimed by the taxpayer on his or her             
         return.  Sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs.                  
              Fourth, the fact that a taxpayer reports a deduction on the             
         taxpayer’s income tax return is not sufficient to substantiate               
         the deduction claimed on the return.  Wilkinson v. Commissioner,             
         71 T.C. 633, 639 (1979); Roberts v. Commissioner, 62 T.C. 834,               
         837 (1974).  A tax return is merely a statement of the taxpayer’s            
         claim; the return is not presumed to be correct.  Wilkinson v.               
         Commissioner, supra at 639; Roberts v. Commissioner, supra at                
         837; see also Seaboard Commercial Corp. v. Commissioner, 28 T.C.             
         1034, 1051 (1957) (a taxpayer's income tax return is a                       
         self-serving declaration that may not be accepted as proof for               
         the deduction or exclusion claimed by the taxpayer); Halle v.                
         Commissioner, 7 T.C. 245 (1946) (a taxpayer’s return is not self-            
         proving as to the truth of its contents), affd. 175 F.2d 500 (2d             
         Cir. 1949).                                                                  
              At trial, petitioner did not introduce a single piece of                
         documentary evidence in support of any of the deductions in                  
         issue.  Likewise, petitioner did not offer testimony in support              


               2  We note that sec. 7491(a) does not affect the burden of             
          proof where a taxpayer fails to substantiate a deduction.  Higbee           
          v. Commissioner, 116 T.C. 438 (2001); Caralan Trust v.                      
          Commissioner, T.C. Memo. 2001-241.                                          





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