Henry A. Rabago - Page 12




                                       - 11 -                                         

          provide any tax benefit to petitioner as a result of the                    
          applicability of section 67(a).  Respondent is sustained in the             
          disallowance of all the other deductions, since petitioner                  
          presented no substantiating evidence to support the expenses                
          deducted.2                                                                  
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


          Decision will be entered                                                    
          under Rule 155.                                                             















               2    Sec. 7491, under certain circumstances, places the                
          burden of production on the Secretary with respect to a                     
          taxpayer's liability for taxes, penalties, and additions to tax             
          in court proceedings arising in connection with examinations                
          commencing after July 22, 1998.  The record is unclear as to                
          whether the examination of petitioner's returns commenced before            
          or after July 22, 1998.  Nevertheless, the burden of proof did              
          not shift to respondent because petitioner did not provide                  
          substantiation and credible evidence in connection therewith.               
          Higbee v. Commissioner, 116 T.C. 438 (2001).                                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  

Last modified: May 25, 2011