Steven K. Stoddard and Ellen M. Stoddard - Page 15




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          related penalty under section 6662(a) because of (1) negligence             
          or disregard of rules or regulations or (2) a substantial under-            
          statement of income tax.                                                    
                                       OPINION                                        
               Petitioners6 have the burden of showing error in respon-               
          dent’s determinations in the notice that remain at issue.7  See             
          Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). With             
          respect to the deductions claimed by petitioners, deductions are            
          strictly a matter of legislative grace, and petitioners bear the            
          burden of proving that they are entitled to any deductions                  
          claimed.  See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84                
          (1992).                                                                     


               6Although Mr. Stoddard did not appear at trial, Ms. Stoddard           
          informed the Court that Mr. Stoddard had authorized her to speak            
          for both of them at trial, and the Court allowed her to do so.              
          Ms. Stoddard filed briefs in this case; Mr. Stoddard did not.               
          However, our findings and conclusions herein shall apply to both            
          Ms. Stoddard and Mr. Stoddard.                                              
               7With respect to court proceedings arising in connection               
          with examinations commencing after July 22, 1998, under sec.                
          7491(a) the burden of proof shifts to respondent in specified               
          circumstances.  Internal Revenue Service Restructuring and Reform           
          Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727.  The             
          record in this case does not establish the date on which the                
          examination of each of petitioners’ taxable years at issue began,           
          and neither party contends that sec. 7491(a) applies here.                  
               With respect to court proceedings arising in connection with           
          examinations commencing after July 22, 1998, under sec. 7491(c)             
          respondent bears the burden of production with respect to any               
          individual’s liability for any penalty or addition to tax.  Id.             
          As noted above, the record in this case does not establish the              
          date on which the examination of each of petitioners’ taxable               
          years at issue began.  Moreover, neither party contends that sec.           
          7491(c) applies here.                                                       




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