- 5 - employee business expenses which petitioner did not report on his returns for each of the years 2001 and 2002. The issues remaining for decision are the claimed employee business expenses, which is composed of mileage expenses relating to the business use of petitioner’s automobile for each of the years in issue and the accuracy-related penalties. Burden of Proof Generally, the burden of proof is on the taxpayer. Rule 142(a)(1). Under section 7491, the burden of proof shifts from the taxpayer to the Commissioner if the taxpayer produces credible evidence with respect to any factual issue relevant to ascertaining the taxpayer’s liability. Sec. 7491(a)(1). Petitioner has neither argued that the burden of proof should shift nor satisfied the criteria that would cause the burden of proof to shift. Given the lack of documentation and information provided by petitioner in this case, we conclude that the burden of proof remains with petitioner. Mileage Expense Section 162(a) permits a deduction for the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. A trade or business includes the trade or business of being an employee. O’Malley v. Commissioner, 91 T.C. 352, 363-364 (1988). Expenses that are personal in nature are generally not allowed as deductions. Sec.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011