Randall B. and Kay F. Ollett - Page 10

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                                     Discussion                                       
               In general, a taxpayer bears the burden of proving his                 
          entitlement to a business expense deduction.  Rule 142(a); Welch            
          v. Helvering, 290 U.S. 111, 115 (1933); Burrus v. Commissioner,             
          T.C. Memo. 2003-285.  Section 7491(a) provides that the burden of           
          proof shifts to respondent under certain specified conditions.              
          Petitioners have not established that the burden of proof has               
          shifted, and in any event the resolution of this case does not              
          depend upon the burden of proof.                                            
               The deductibility of a taxpayer’s expenses attributable to             
          an income-producing activity depends upon whether that activity             
          was engaged in for profit.  See secs. 162, 183, 212.  Section 162           
          provides that a taxpayer who is carrying on a trade or business             
          may deduct ordinary and necessary expenses incurred in connection           
          with the operation of the business.  Section 212 provides a                 
          deduction for expenses paid or incurred in connection with an               
          activity engaged in for the production or collection of income,             
          or for the management, conservation, or maintenance of property             
          held for the production of income.  Section 183 specifically                
          precludes deductions for activities “not engaged in for profit”             
          except to the extent of the gross income derived from such                  
          activities.  Sec. 183(a) and (b)(2).                                        
               For a taxpayer’s expenses in an activity to be deductible              
          under section 162 or section 212, and not subject to the                    






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