Herbert Donald Singer - Page 16




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          deductions.  See sec. 62(a); see also sec. 67(a), imposing a 2-             
          percent floor on miscellaneous itemized deductions.  And for                
          1997, petitioner’s allowable itemized deductions, including                 
          potentially $1,400 of section 183(b) deductions, do not exceed              
          the standard deduction for that year.  See sec. 63(c).  See also            
          infra subdivision “C”  regarding charitable contributions                   
          deductions.                                                                 
          C.  Charitable Contribution Deductions                                      
               Respondent disallowed petitioner’s deduction for charitable            
          contributions for 1997.  However, at trial, respondent conceded             
          that petitioner is entitled to a deduction in the amount of                 
          $1,500.  Petitioner bears the burden of proving that he is                  
          entitled to a deduction in a greater amount.8                               
               At trial, petitioner failed to introduce any persuasive                
          evidence that would substantiate the making of charitable                   
          contributions in an amount greater than that conceded by                    
          respondent.  See Higbee v. Commissioner, 116 T.C. 438, 443-444              
          (2001); Jennings v. Commissioner, T.C. Memo. 2000-366, affd. 19             


               8  As previously noted, sec. 7491(a)(1) as a general rule              
          places on the Commissioner the burden of proof with respect to              
          factual issues relevant to ascertaining the taxpayer’s liability            
          for income tax.  However, this burden-shifting rule applies only            
          if, inter alia, the taxpayer has complied with substantiation               
          requirements and has maintained all required records.  Sec.                 
          7491(a)(2)(A) and (B); see Higbee v. Commissioner, 116 T.C. 438,            
          441 (2001); Sykes v. Commissioner, T.C. Memo. 2001-169.  Because            
          petitioner did not comply with sec. 7491(a)(2)(A) and (B), we               
          decide the issue before us without regard to the general burden-            
          shifting rule of sec. 7491(a)(1).                                           





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