- 19 - her reply brief when she opted not to object to a proposed finding in respondent’s opening brief that petitioner bears the burden of proof on the basis of her counsel’s concession. See Rule 151(e)(3) (“In an answering or reply brief, the party shall set forth any objections, together with the reasons therefor, to any proposed findings of any other party”); see also Jonson v. Commissioner, 118 T.C. 106, 108 n.4 (2002) (the failure to object to a proposed finding of fact may be treated as a concession of that proposed finding), affd. 353 F.3d 1181 (10th Cir. 2003); Morgan v. Commissioner, T.C. Memo. 2000-231 (same), affd. 23 Fed. Appx. 813 (9th Cir. 2001). We hold on the basis of these concessions that petitioner bears the burden of proof.13 Section 183, which applies to activities engaged in by individuals or S corporations, generally limits the deductions for an “activity not engaged in for profit” to the amount of gross income received from the activity. Sec. 183(a) and (b). Section 183(c) defines an “activity not engaged in for profit” as “any activity other than one with respect to which deductions are 13 Even if the applicability of sec. 7491(a)(1) had been at issue, we would have concluded that it did not apply. Petitioner has not in this proceeding presented “credible evidence” on the substantive issue at hand. See Higbee v. Commissioner, 116 T.C. 438, 442 (2001); see also Blodgett v. Commissioner, F.3d (8th Cir. Jan. 12, 2005), affg. T.C. Memo. 2003-212. Nor has she proven that she complied with the requirements of sec. 7491(a)(2)(A) and (B) to substantiate items, to maintain required records, and to cooperate fully with respondent’s reasonable requests. See Weaver v. Commissioner, 121 T.C. 273, 275 (2003).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011