- 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011