Vanessa K. Bernardo - Page 9

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               (2) Tax Preparation Fees: $617                                         
               Prior to the trial in this case, petitioner provided no                
          substantiation for the $617 deduction for tax preparation fees on           
          Schedule A of the 1999 amended return.                                      
                                       OPINION                                        
          I.  Schedule C Deductions                                                   
               A.  Introduction; Burden of Proof                                      
               Respondent denies that petitioner is entitled to any                   
          Schedule C deductions associated with either Cool G Records or              
          Melissa’s efforts to carve out a career in the music industry.              
          Respondent’s grounds are that (1) petitioner’s expenditures were            
          not part of an activity engaged in, by petitioner, for profit and           
          (2) with regard to certain of those expenditures, there was no              
          substantiation.  At trial, respondent’s case-in-chief was                   
          relatively brief.  Respondent relies primarily on petitioner’s              
          inability to show entitlement to the Schedule C deductions.                 
               In pertinent part, Rule 142(a)(1) provides the general rule            
          that “[t]he burden of proof shall be upon the petitioner”.  In              
          certain circumstances, however, if the taxpayer introduces                  
          credible evidence with respect to any factual issue relevant to             
          ascertaining the proper tax liability, section 7491 places the              
          burden of proof on the Commissioner.  Sec. 7491(a)(1); Rule                 

               5(...continued)                                                        
          $9,721 deduction for unreimbursed employee business expenses                
          relates to petitioner’s expenditures for that clothing.                     





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