Denis H. Dieker, Jr., and Shirley J. Dieker, et al. - Page 7

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               Generally, the Commissioner’s determinations are presumed              
          correct, and the taxpayer bears the burden of proving that those            
          determinations are erroneous.  Rule 142(a); Welch v. Helvering,             
          290 U.S. 111, 115 (1933).  The burden of proof may shift to the             
          Commissioner under section 7491 in certain circumstances.                   
          Petitioners do not contend and have not established that section            
          7491(a) applies in this case.  Accordingly, petitioners must show           
          their entitlement to the claimed deductions.  See Rule 142(a).              
               The taxpayer’s method of tax accounting determines the                 
          taxable year for which deductions are proper.  Sec. 461(a).                 
          National elected the accrual method of accounting, which is a               
          permitted tax accounting method.  Sec. 446(c)(2).  Generally, an            
          accrual method taxpayer is entitled to a deduction in “the                  
          taxable year in which all the events have occurred that establish           
          the fact of the liability, the amount of the liability can be               
          determined with reasonable accuracy, and economic performance has           
          occurred with respect to the liability.”  Secs. 1.446-                      
          1(c)(1)(ii)(A), 1.461-1(a)(2)(i), Income Tax Regs.; see sec.                
          461(h)(1), (4); Weaver v. Commissioner, 121 T.C. 273, 276 (2003).           
               In their briefs, the parties denominated the disputed                  
          $2,500,000 a “deduction”, in spite of National’s treatment of the           
          item as “cost of goods sold”.  Cost of goods sold, however, is              
          used to reduce sales receipts to arrive at gross income; it is              







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