- 9 - introduce evidence regarding reasonable cause, substantial authority, or similar provisions.” Higbee v. Commissioner, supra at 446. Rather, “it is the taxpayer’s responsibility to raise those issues.” Id. Because, as will be more fully detailed infra, respondent here has introduced sufficient evidence to render the section 6662(a) penalty at least facially applicable, the burden rests on petitioners to show their entitlement to an exception therefrom. II. Adjustments to Income Computation of the income of a Schedule C business takes into account both cost of goods sold and other business expenses. Cost of goods sold is an offset subtracted from gross receipts in determining gross income. Sec. 1.61-3(a), Income Tax Regs. Accordingly, such costs are not treated as deductions and are not subject to the limitations on deductions contained in sections 162 and 274. Metra Chem Corp. v. Commissioner, 88 T.C. 654, 661 (1987). However, any amount claimed as cost of goods sold must be substantiated, and taxpayers are required to maintain records sufficient for this purpose. Sec. 6001; Newman v. Commissioner, T.C. Memo. 2000-345; Wright v. Commissioner, T.C. Memo. 1993-27; sec. 1.6001-1(a), Income Tax Regs. Once the gross income of a business has been calculated, business expense deductions are subtracted in determining net income. Section 162(a) allows a deduction for “all the ordinaryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011