- 9 - distribution on her 1999 return. Respondent contends that the $171 petitioner received in excess of her $2,000 contribution is includable in her income. 4. Addition to Tax for Failure To File a Tax Return Respondent also determined that petitioner is liable for an addition to tax of $7,534 for failure to timely file a tax return. Discussion 1. Burden of Proof The Commissioner’s determinations are presumed correct, and generally, taxpayers bear the burden of proving otherwise. Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a matter of legislative grace, and taxpayers bear the burden of proving that they are entitled to any deduction claimed. New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); Welch v. Helvering, supra at 115. This includes the burden of substantiation. Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). A. New Matters Although generally the burden of proof is on the taxpayer, the Commissioner bears the burden of proof in “respect of any new matter, increases in deficiency, and affirmative defenses, pleaded in his answer”. Rule 142(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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