- 26 - disregard of rules or regulations with respect to the TMI expenses deduction. In Mr. Menard’s notice, respondent determined that (1) Menards’s payment of the TMI expenses was a payment to Mr. Menard, or for his benefit, and constituted a constructive dividend to him; (2) Mr. Menard constructively received interest income that accrued in 1998 on his loans to Menards; and (3) Mr. Menard was liable for a section 6662(a) accuracy-related penalty for negligence or disregard of rules or regulations with respect to the TMI expenses constructive dividend and the constructive receipt of interest income. On January 9, 2002, Menards and Mr. Menard separately filed timely petitions contesting respondent’s determinations. Mr. Menard filed an amended petition on February 6, 2003. OPINION I. Burden of Proof Generally, the Commissioner’s determinations are presumed correct, and the taxpayer bears the burden of proof. Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). Deductions are a matter of legislative grace, and a taxpayer must clearly demonstrate entitlement to the claimed deductions. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). The Commissioner bears the burden of proof with respect to increases in deficiencies asserted in an amendment to answer. See Rule 142(a)(1).Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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