Paul D. and Gudrun G. Weaver - Page 11

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          have not made a prima facie case sufficient to shift the burden             
          to respondent under section 7491(a).                                        
               With respect to the delinquency addition to tax, the                   
          Commissioner satisfies the section 7491(c) burden of production             
          by “[coming] forward with sufficient evidence indicating that it            
          is appropriate to impose the relevant penalty” but “need not                
          introduce evidence regarding reasonable cause, substantial                  
          authority, or similar provisions.”  Higbee v. Commissioner, supra           
          at 446.  Rather, “it is the taxpayer’s responsibility to raise              
          those issues.”  Id.  Because, as will be more fully detailed                
          infra, respondent here has by stipulation introduced sufficient             
          evidence to render the section 6651(a)(1) addition at least                 
          facially applicable, the burden rests on petitioners to show an             
          exception thereto.                                                          
          II.  Schedule C Loss                                                        
               A. General Rules                                                       
               Deductions are a matter of “legislative grace”, and “a                 
          taxpayer seeking a deduction must be able to point to an                    
          applicable statute and show that he comes within its terms.”  New           
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); see also           
          Rule 142(a).  As a general rule, section 162(a) authorizes a                
          deduction for “all the ordinary and necessary expenses paid or              
          incurred during the taxable year in carrying on any trade or                
          business”.  An expense is ordinary for purposes of this section             






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