Robert Griffin and Julia Griffin - Page 11

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          burden of proof on respondent, we conclude that respondent has              
          offered insufficient contrary evidence to overcome petitioners’             
          evidence.7  Accordingly, respondent has failed to sustain his               
          burden of proof.                                                            

                                                  Decision will be entered            
                                             for petitioners.                         



















               7 In our original opinion, we noted:  “Even if the burden of           
          proof were placed on respondent, we would decide the issue [as to           
          the deductibility of the tax payments] in his favor based on the            
          preponderance of the evidence.”  T.C. Memo. 2002-6 n.4.  This               
          statement reflected this Court’s conclusion that Mr. Griffin’s              
          testimony was not only insufficient to support petitioners’ claim           
          to ordinary and necessary business deductions but indeed                    
          undermined their claim, insofar as Mr. Griffin’s testimony                  
          convinced us that his relevant business activities were conducted           
          entirely through S corporations.  In light of the Court of                  
          Appeals’ conclusion that Mr. Griffin’s testimony was sufficient             
          to support the claimed deductions, the preponderance of the                 
          evidence, thus evaluated, is no longer in respondent’s favor.               




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