Thu Cuc Thi Huynh - Page 18




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          supra; Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per           
          curiam 540 F.2d 821 (5th Cir. 1976); see also sec. 7491(a)(2)(A)            
          and (B).  A taxpayer’s self-serving declaration is no ironclad              
          substitute for the records that the law requires.  See Weiss v.             
          Commissioner, T.C. Memo. 1999-17; 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, 247 (1946) (a                 
          taxpayer’s return is not self-proving as to the truth of its                
          contents), affd. 175 F.2d 500 (2d Cir. 1949).                               
               Factual determinations are required in order to decide                 
          whether a taxpayer is entitled to: (1) Head-of-household filing             
          status, see sec. 2(b); (2) a dependency exemption deduction, see            
          secs. 151 and 152; or (3) an earned income credit, see sec. 32.             
          We have held that whenever the resolution of adjustments requires           
          factual determinations, the Commissioner is not obliged to                  
          concede those adjustments until the Commissioner has received,              
          and has had a reasonable period of time to verify, adequate                 
          substantiation for the matters in question.  Gealer v.                      
          Commissioner, T.C. Memo. 2001-180, and cases cited therein;                 
          O’Bryon v. Commissioner, T.C. Memo. 2000-379, (and cases cited              
          therein); Cooper v. Commissioner, T.C. Memo. 1999-6.                        








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