- 18 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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