Stewart and Shirley Oatman - Page 5

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                                       OPINION                                        
          A.   Whether Respondent Bears the Burden of Proof Under Section             
               7491(a)                                                                
               Petitioners contend that respondent bears the burden of                
          proof under section 7491(a).  We disagree.                                  
               Under section 7491(a), the Commissioner bears the burden of            
          proof with respect to factual issues if, inter alia, the taxpayer           
          has: (1) Complied with substantiation requirements under the                
          Internal Revenue Code, sec. 7491(a)(2)(A); (2) maintained all               
          records required by the Internal Revenue Code, sec.                         
          7491(a)(2)(B); and (3) cooperated with reasonable requests by the           
          Secretary for information, documents, and meetings, id.                     
          Taxpayers bear the burden of proving that these requirements are            
          met.  See H. Conf. Rept. 105-599, at 239 (1998), 1998-3 C.B. 747,           
          993; S. Rept. 105-174, at 45 (1998), 1998-3 C.B. 537, 581.  The             
          record does not show whether petitioners substantiated their                
          bases, kept records of their expenses, or cooperated with                   
          respondent’s agents.  Thus, section 7491(a) does not apply.                 
          Respondent’s determination is presumed to be correct, and                   
          petitioners bear the burden of proof.  Rule 142(a)(1); Welch v.             
          Helvering, 290 U.S. 111, 115 (1933).                                        
          B.   Whether Petitioners May Deduct More Depreciation on the                
               Crenshaw Blvd. Property Than Respondent Allowed for 1999               
               Petitioners contend that they may deduct depreciation of               
          $11,059 with respect to the Crenshaw Blvd. property for 1999.               






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