- 21 - expenses”; “Petitioners have presented no evidence that any of their claimed deductions on their 1996 Schedule C were ever paid or incurred”; “Petitioners have presented no evidence that any of their claimed deductions on their 1996 Schedule C were paid or incurred in taxable year 1996”; “Petitioners have presented no evidence that their claimed deductions on their 1996 Schedule C were other than personal expenses”. An identical series of statements was enumerated with respect to 1997. Petitioners deny the foregoing requested admissions in their response and explain that “Petitioners’ denial is based on the fact that their Income Tax Returns for both years were signed under penalty of perjury. This constitutes evidence of the deductibility of the expenses claimed.” They do not further address these deductions in their opposition to respondent’s motion for summary judgment, and they have at no time stated that they possess and will present to respondent and/or the Court documentary or other supporting evidence with respect to the claimed expenditures. Contrary to petitioners’ suggestion, it is axiomatic that neither tax returns themselves, nor the execution of such forms under penalty of perjury, establishes the truth of items recited therein. Lawinger v. Commissioner, 103 T.C. 428, 438 (1994); Wilkinson v. Commissioner, 71 T.C. 633, 639 (1979); Roberts v. Commissioner, 62 T.C. 834, 837 (1974). Because petitioners havePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011