Herbert Donald Singer - Page 13




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          Tax Regs.  Greater weight is given to objective facts than to               
          taxpayers’ self-serving statements of intent.  Westbrook v.                 
          Commissioner, 68 F.3d 868, 875-876 (5th Cir. 1995), affg. T.C.              
          Memo. 1993-634; sec. 1.183-2(a), Income Tax Regs.  Taxpayers bear           
          the burden of proving that they engaged in the activity with the            
          objective of making a profit.  Rule 142(a); INDOPCO, Inc. v.                
          Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290               
          U.S. 111, 115 (1933).6                                                      
               Based on all of the facts and circumstances of this case, we           
          are not convinced that petitioner engaged in his “health, wealth            
          and healing ministry” activity for profit.  Indeed, we are not              
          convinced that petitioner’s activity was much more than a                   
          strategy that was designed generally to lower, if not to                    
          virtually eliminate, petitioner’s Federal income tax liability by           
          converting personal living expenses into deductible business                


               6  Applicable to court proceedings arising in connection               
          with examinations commencing after July 22, 1998, sec. 7491(a)(1)           
          generally places on the Commissioner the burden of proof with               
          respect to factual issues relevant to ascertaining the taxpayer’s           
          liability for income tax.  See Internal Revenue Service                     
          Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. 105-206,           
          sec. 3001(a), (c)(1), 112 Stat. 685, 726, 727.  However, sec.               
          7491(a) only applies if, inter alia, the taxpayer first                     
          introduces credible evidence with respect to such factual issues.           
          Higbee v. Commissioner, 116 T.C. 438, 442 (2001).  We do not                
          regard petitioner’s conclusory, self-serving, and sometimes                 
          fantastical statements as credible evidence within the meaning of           
          sec. 7491(a)(1).  See Tokarski v. Commissioner, 87 T.C. 74, 77              
          (1986); see also Sykes v. Commissioner, T.C. Memo. 2001-169.                
          Accordingly, we decide the issue before us without regard to the            
          general burden-shifting rule of sec. 7491(a)(1).                            





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