- 6 - In general, taxpayers bear the burden of proof with respect to whether they are entitled to an exclusion. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Exclusions from gross income should be construed narrowly, and taxpayers must bring themselves within the clear scope of the exclusion. See Dobra v. Commissioner, 111 T.C. 339, 349 n.16 (1998). The burden may shift to the Commissioner if the taxpayer introduces credible evidence and satisfies the requirements under section 7491(a)(2) to substantiate items, maintain required records, and fully cooperate with the Commissioner’s reasonable requests. Sec. 7491(a). In the present case, the burden of proof remains on petitioners, since they have neither taken a position as to whether the burden of proof should be placed on respondent nor established that they have complied with the requirements of section 7491(a). As such, petitioners have failed to meet their burden that they are entitled to any of the exclusions under section 108(a)(1). There is no evidence in the record that discharge of the USDA loan occurred as part of a bankruptcy proceeding or that the USDA loan constitutes a qualified real property business indebtedness. The record does not support a conclusion that the USDA loan is a qualified farm indebtedness. Petitioners were no longer in the trade or business of farming 3 years prior to the discharge of said loan in 2001, as requiredPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011