- 11 - 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 sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011