Joyce H. Sams - Page 7




                                        - 6 -                                         
               Sams, Inc. reported income and claimed deductions on its               
          Form 1120S for its 1996 tax year as follows:                                
                    Income                                                            
               Gross receipts           $37,828                                       
                    Deductions                                                        
               Repairs and maintenance       2,257                                    
               Interest                      20,010                                   
               Advertising                   975                                      
               Other deductions         112,624                                       
               Total income                  21,962                                   
               1 The other claimed deductions are as follows:  Accounting             
          ($300), dues and subscriptions ($1,118), gifts ($333), insurance            
          ($906), legal and professional ($644), outside services ($3,165),           
          supplies ($1,472), telephone ($867), utilities ($3,539), and                
          communications ($280).                                                      
               2 The income of $1,962 flowed through to petitioner                    
          individually as reflected on a Sch. K-1 issued to her by Sams,              
          Inc.                                                                        
          Discussion                                                                  
               Generally, the burden of proof is on the taxpayer.  Rule               
          142(a)(1).  The burden of proof may shift to the Commissioner               
          under section 7491 if the taxpayer establishes compliance with              
          the requirements of section 7491(a)(2)(A) and (B) by                        
          substantiating items, maintaining required records, and fully               
          cooperating with the Secretary’s reasonable requests.  Section              
          7491 is effective with respect to court proceedings arising in              
          connection with examinations by the Commissioner commencing after           
          July 22, 1998, the date of its enactment by section 3001(a) of              
          the Internal Revenue Service Restructuring and Reform Act of                






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