- 6 - to be of long-continued and indefinite duration. An individual shall not be considered to be disabled unless he furnishes proof of the existence thereof in such form and manner as the Secretary may require. Because petitioner was not treated for HIV until 1999, he has no medical records reflecting that he had HIV in 1997. Petitioner testified that when he was hospitalized in March 1999 his CD4+ T cell count and viral load readings indicated that the illness had progressed from prior years. Petitioner relies on this inference to prove that he was HIV positive during 1997. We note, however, that petitioner failed to provide any medical records from any year reflecting his CD4+ T cell or viral load levels.3 Further, at trial petitioner testified that had he found a company, like American Express, that offered him a part-time work schedule and medical insurance with no “annual caps”, then he would have worked in 1997. Under the definition of disability found in section 72(m), petitioner is not deemed disabled if he was able to “engage in any substantial gainful activity” during the year in issue. “Substantial gainful activity” refers to the activity or a comparable activity in which the individual customarily engaged prior to the disability. Sec. 1.72-17(f)(1), Income Tax Regs. By petitioner’s own testimony, he was able to 3 Because petitioner failed to comply with requirements to substantiate his illness, he failed to meet the requirements of sec. 7491(a)(2)(A), as amended, so as to place the burden of proof on respondent with respect to any factual issue relevant to ascertaining liability for the tax deficiency in issue.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011