- 2 - remanding T.C. Memo. 2002-6. The issue for decision on remand is whether respondent has met his burden of proving that petitioners are not entitled to deduct as business expenses certain real property taxes paid by Mr. Griffin with respect to properties owned by two partnerships in which petitioners’ wholly owned S corporation was a partner. In our original opinion, we sustained respondent’s determination that petitioners were not entitled to deduct the real property tax payments. In doing so, we held that the burden of proof was not placed on respondent pursuant to section 7491(a)(1), because we found that petitioners failed to introduce credible evidence that they were engaged, in their individual capacities, in a trade or business for which the tax payments would have represented ordinary and necessary expenses.1 See, e.g., Lohrke v. Commissioner, 48 T.C. 679 (1967). On appeal, the Court of Appeals for the Eighth Circuit held that petitioners “did produce sufficient ‘credible evidence’ to support their personal deductions of the real property tax payments at issue.” Griffin v. Commissioner, supra at 1021. Accordingly, the Court of Appeals held that the burden of proof should be placed on respondent pursuant to section 7491(a)(1) and remanded this case for further consideration on the merits as to 1 Unless otherwise indicated, section references are to the Internal Revenue Code as amended.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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