- 7 - OPINION 1. Burden of Proof Taxpayers generally must prove respondent’s determination of an income tax deficiency wrong in order to prevail. Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). As one exception to this rule, section 7491(a) places upon the Commissioner the burden of proof with respect to any factual issue relevant to a taxpayer’s liability for tax if the taxpayer maintained adequate records, satisfied applicable substantiation requirements, cooperated with respondent, and introduced during the court proceeding credible evidence on the factual issue. A taxpayer such as petitioner must prove that it has satisfied the recordkeeping, substantiation, and cooperation requirements before section 7491(a) places the burden of proof upon the Commissioner. Prince v. Commissioner, T.C. Memo. 2003-247. We do not find that petitioner maintained adequate records, satisfied applicable substantiation requirements, or cooperated with respondent. Accordingly, we hold that section 7491(a) does not apply here to place the burden of proof upon respondent. 2. Abandonment Loss Section 165(a) provides a deduction for any loss sustained during the taxable year which is not compensated for by insurance or otherwise. A loss from the abandonment of an asset is within this section if: (1) The owner of the asset intended to abandonPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011