Vanessa K. Bernardo - Page 10

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          142(a)(2).  Credible evidence is “the quality of evidence which,            
          after critical analysis, * * * [a] court would find sufficient *            
          * * to base a decision on the issue if no contrary evidence were            
          submitted.”6  Baker v. Commissioner, 122 T.C. 143, 168 (2004);              
          Higbee v. Commissioner, 116 T.C. 438, 442 (2001).  Section                  
          7491(a)(1) applies only if the taxpayer complies with                       
          substantiation requirements, maintains all required records, and            
          cooperates with the Commissioner for witnesses, information,                
          documents, meetings, and interviews.  Sec. 7491(a)(2).                      
               The parties have stipulated that petitioner failed to                  
          substantiate two of the five deductions at issue (i.e.,                     
          additional claimed depreciation and increased office expense).              
          Moreover, for the reasons stated infra, in section I.B., we find            
          that petitioner has failed to introduce “credible evidence” that            
          any of the expenses deducted on Schedule C of the 1999 amended              
          return were part of an activity engaged in by her for profit,               
          which would have rendered those expenses deductible under section           
          162.  Therefore, it follows that petitioner bears the burden of             
          proof with respect to her entitlement to those deductions                   
          pursuant to Rule 142(a).7                                                   

               6  We interpret the quoted language as requiring the                   
          taxpayer’s evidence pertaining to any factual issue to be                   
          evidence the Court would find sufficient upon which to base a               
          decision on the issue in favor of the taxpayer.                             
               7  Petitioner’s failure to introduce “credible evidence”               
                                                             (continued...)           





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