- 15 - 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).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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