William and Shirley Pratt - Page 10




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          Assoc.), but no one from that accounting firm replied to                    
          petitioner’s inquiry.                                                       
                                       OPINION                                        
               As a general rule, the determinations by the Commissioner in           
          a notice of deficiency are presumed correct, and the burden is on           
          the taxpayer to show that the Commissioner’s determinations are             
          incorrect.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115              
          (1933).3                                                                    
               Deductions are a matter of legislative grace; the taxpayer             
          bears the burden of proving entitlement to all deductions claimed.          
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial         
          Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                             
          I.  Schedule C--Adjustments                                                 
               A business’s income is computed by taking  into account its            
          cost of goods sold as well as a variety of expenses.  Cost of goods         
          sold reduces (i.e., is subtracted from) gross receipts in                   
          determining the business’s gross income.  Sec. 1.61-3(a), Income            
          Tax Regs.  Cost of goods sold is not treated as a deduction from            
          gross income and is not subject to the limitations on deductions            
          contained in sections 162 and 274.  Metra Chem Corp. v.                     
          Commissioner, 88 T.C. 654, 661 (1987).  All amounts claimed as              

               3    Pursuant to sec. 7491, the burden of proof or of                  
          production may be placed on the Commissioner in certain                     
          circumstances for audits conducted after July 22, 1998.  Sec. 7491          
          is inapplicable in this case because petitioners’ examination               
          commenced before July 22, 1998.                                             





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