Karol Z. Widemon - Page 9

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          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).                                       








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