- 10 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011