- 5 - The determinations reflected by the Commissioner in a notice of deficiency are presumed correct, and the burden is on the taxpayer to establish that the determinations are incorrect.3 Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Section 162(a) allows a deduction for ordinary and necessary business expenses paid during the taxable year in carrying on a trade or business. A “trade or business” includes the trade or business of being an employee. Primuth v. Commissioner, 54 T.C. 374, 377 (1970). Section 600l provides, in pertinent part: "Every person liable for any tax * * * shall keep such records, render such statements, make such returns, and comply with such rules and regulations as the Secretary may from time to time prescribe." Section l.600l-l(a), Income Tax Regs., provides, in pertinent part, that "any person subject to tax under subtitle A of the Code * * *, shall keep such permanent books of account or records, including inventories, as are sufficient to establish the amount of gross income, deductions, credits, or other matters required to be shown by such person in any return of such tax". Moreover, even if books and records are maintained by the 3Sec. 7491 modifies this general rule and, in some instances, shifts the burden to the Commissioner. In this case, the burden does not shift to respondent because petitioner did not fulfill the requirement of sec. 7491(a)(2), which, among other requirements, requires that the taxpayer maintain records to substantiate expenses claimed.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011