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deduction of $200,000 for an alleged “Loss of House” (claimed
$200,000 Schedule C loss). As an explanation for such claimed
loss, petitioner’s 2000 Schedule C stated, inter alia:
The IRS audited the Swanbergs 7 times from 84-95- 91
they were ordered to pay $200,000 in damage- 4 attempt
to collect have disolved this settlement. [Reproduced
literally.]
Petitioner’s claimed $200,000 Schedule C loss relates to the same
claimed loss as petitioner’s claimed $200,000 Schedule A loss.
Respondent issued a notice to petitioner with respect to his
taxable years 1999 and 2000. In that notice, respondent, inter
alia, disallowed for the taxable year 2000 petitioner’s claimed
Schedule A deductions and disallowed for each of the taxable
years 1999 and 2000 petitioner’s claimed Schedule C deductions.
OPINION
The parties do not address section 7491(a).2 Since the
years at issue are 1999 and 2000, we presume that section 7491(a)
is applicable in the instant case. Petitioner has failed to
establish that he satisfies section 7491(a)(2)(A) and (B) with
respect to the factual issues that remain in this case. On the
record before us, we conclude that petitioner’s burden of proof
on the issues that remain in this case, see Rule 142(a); Welch v.
Helvering, 290 U.S. 111, 115 (1933), does not shift to respondent
2All section references are to the Internal Revenue Code in
effect for the years at issue. All Rule references are to the
Tax Court Rules of Practice and Procedure.
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Last modified: May 25, 2011