Marcelo E. Ferrada and Gloria D. Ferrada - Page 8

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                                     Discussion                                       
               Generally, respondent's determinations are presumed correct,           
          and petitioners bear the burden of proving otherwise.  Welch v.             
          Helvering, 290 U.S. 111, 115 (1933).  Moreover, deductions are a            
          matter of legislative grace, and petitioners bear the burden of             
          proving that they are entitled to any deduction claimed.  New               
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); Welch v.           
          Helvering, supra at 115.  This includes the burden of                       
          substantiation.  Hradesky v. Commissioner, 65 T.C. 87, 90 (1975),           
          affd. per curiam 540 F.2d 821 (5th Cir. 1976).                              
               In some cases, however, the burden of proof may shift to the           
          Commissioner under section 7491(a).  Because petitioners failed             
          to comply with the requirements of section 7491(a), section 7491            
          does not place the burden of proof on respondent with respect to            
          the claimed deductions.  Under section 7491(c), respondent has              
          the burden of production only with respect to petitioner's                  
          liability for the addition to tax.                                          
               Section 162(a) allows a deduction for all ordinary and                 
          necessary expenses incurred in carrying on a trade or business.             
          Section 212 provides a deduction for all ordinary and necessary             
          expenses paid or incurred with respect to management,                       
          conservation, and maintenance of property held for production of            
          income, including real property.  Sec. 1.212-1(h), Income Tax               
          Regs.  Generally, a taxpayer must establish that deductions                 






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