- 10 - $85,009. Petitioners are now claiming $86,040 for the business bad debt deduction. Petitioners contend that an amended return was sent to the Internal Revenue Service claiming $86,040 for the business bad debt on Schedule C and correcting the pension income. Respondent has no record of receiving the amended return. Irrespective of whether an amended return was filed, petitioners bear the burden of showing the amounts of deductions. Specifically, petitioners bear the burden of proving they are entitled to the deductions claimed. See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Higbee v. Commissioner, 116 T.C. 438, 440 (2001). Respondent allowed an $85,009 business bad debt deduction in the notice of deficiency. That allowance was $275 more than the $84,734 petitioners claimed on their original return. At trial, petitioner, by means of testimony and documents, substantiated that the loans to KPS totaled $86,040. On the basis of this evidence, we hold petitioners are entitled to a deduction for the business bad debt in the amount of $86,040. Addition to Tax and Accuracy-Related Penalty Respondent determined an addition to tax under section 6651(a)(1) and an accuracy-related penalty under section 6662(a). Section 7491(c) requires the Commissioner to carry the burden of production in any court proceeding with respect to the liability of any individual for any penalty, addition to tax, or additionalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011