- 12 - 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).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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