- 4 - Description Amount Business telephone $3,420 Client gifts 2,248 Office supplies 2,725 Subscriptions 325 Total 8,718 Following an examination of petitioner’s 2000 return, respondent issued a notice of deficiency disallowing job expenses and other miscellaneous deductions of $45,670. Discussion As a general rule, the determinations of the Commissioner in a notice of deficiency are presumed correct, and the taxpayer bears the burden of proving the Commissioner’s determinations to be in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). As one exception to this rule, section 7491(a) places upon the Commissioner the burden of proof with respect to any factual issue relating to liability for tax if the taxpayer maintained adequate records, satisfied the substantiation requirements, cooperated with the Commissioner, and introduced during the Court proceeding credible evidence with respect to the factual issue. We decide the issue in this case without regard to the burden of proof. Accordingly, we need not decide whether the general rule of section 7491(a)(1) is applicable in this case. See Higbee v. Commissioner, 116 T.C. 438 (2001). Moreover, deductions are a matter of legislative grace, and the taxpayer bears the burden of proving that he or she isPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011