- 14 - OPINION The Commissioner’s determinations are presumed correct, and taxpayers bear the burden of proving them wrong. 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 relating to liability for tax if the examination of the taxpayer’s records for the subject year began after July 22, 1998, and the taxpayer maintained adequate records, satisfied the substantiation requirements, cooperated with the Commissioner, and introduced during the court proceeding credible evidence with respect to the factual issue. In that the record is sufficient for us to decide this case on its merits, and neither party alleges the applicability of section 7491(a) or of any other exception, we need not and do not decide the burden of proof issue.3 D’Angelo v. Commissioner, T.C. Memo. 2003-295. We decide first whether the disputed payment of $3,082,710 is otherwise deductible as an ordinary and necessary business 3 Respondent argues that petitioner has failed to establish that the $3,082,710 was not paid as consideration for the redeemed stock. We find to the contrary. Respondent does not question the fairness of the price paid for the stock in petitioner. Presuming without conceding that the price approximated the value of the stock in petitioner, we note that petitioner can pinpoint $3,082,710 as attributable to its settlement of the litigation and employment claims by subtracting from the total consideration paid under the definitive agreement the total consideration paid for the stock.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011