Menard, Inc. - Page 29

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          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).                                                                  






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