Sanford M. and Sally Kirshenbaum - Page 19




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          records of his purported IRA contribution nor did he demonstrate            
          that he maintained such records.  The same may be said regarding            
          any IRA that Mrs. Kirshenbaum may have maintained.                          
               We conclude that petitioner failed to substantiate the                 
          making of any qualified IRA contribution pursuant to section 219            
          and, therefore, is not entitled to IRA contribution deductions.             
          Thus, we sustain respondent’s determination on this issue.                  
               D.  Accuracy-Related Penalty                                           
               As previously mentioned, section 7491(c) places on the                 
          Commissioner the burden of production with respect to a                     
          taxpayer’s liability for any penalty.20  However, the taxpayer              
          still has the burden of proving that the Commissioner’s                     
          determination of the accuracy-related penalty is erroneous.  Rule           
          142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992);              
          Welch v. Helvering, 290 U.S. 111, 115 (1933); Higbee v.                     
          Commissioner, 116 T.C. 438, 446-448 (2001); BJR Corp. v.                    
          Commissioner, 67 T.C. 111, 131 (1976); Bebb v. Commissioner, 36             
          T.C. 170 (1961).  Moreover, in evaluating evidence, the Court is            
          not bound to accept as gospel the unverified and undocumented               
          testimony of a taxpayer.  Tokarski v. Commissioner, 87 T.C. 74,             
          77 (1986); Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd.           


               20  We hold that respondent satisfied the burden of                    
          production under sec. 7491(a)(1) because the record shows that              
          petitioner failed to include certain items in income and claimed            
          deductions to which he was not entitled.  Higbee v. Commissioner,           
          116 T.C. 438, 442 (2001).                                                   




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