- 7 - 1998, Pub. L. 105-206, 112 Stat. 685, 726. It is not clear from the record when respondent commenced the audit of petitioner’s individual return; therefore, we cannot determine whether section 7491 is applicable. Nevertheless, petitioner has not established that she complied with its requirements. Respondent claims that petitioner showed only partial cooperation in the examination and Appeals processes and that she produced only minimal documentation after repeated requests. We agree. Accordingly, even if section 7491 were applicable, we conclude that the burden of proof remains upon petitioner. 1. Allocation of Gross Receipts The notice of deficiency determined that gross receipts reported on the return for Sams, Inc. of $37,828 should have been reported on petitioner’s individual return. Respondent disallowed deductions claimed on the return of Sams, Inc. of $35,866 but allowed Schedule A deductions of $2,5773 and a Schedule C deduction of $20,010 on petitioner’s individual return.4 The net disallowance is $13,279 ($35,866 less ($2,577 plus $20,010)). Respondent reasons that the income and certain 3 Respondent subsequently allowed an additional deduction for an advertising expense of $20. 4 Respondent concedes that petitioner is entitled to these deductions if the Court concludes that respondent’s allocation of income to petitioner is proper.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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