- 20 - $4 "computer filing fee". All are costs for services rendered in connection with obtaining the refinancing and are not currently deductible.9 See, e.g., Goodwin v. Commissioner, supra, at 440- 441; Trivett v. Commissioner, T.C. Memo. 1977-161, affd. 611 F.2d 655 (6th Cir. 1979). The remaining closing costs that petitioner seeks to deduct are described in the settlement sheet as $32 in "Recording Fees" and $87.95 in "State tax/stamps". State and local transfer and recordation taxes are not deductible expenses. Gibbons v. Commissioner, T.C. Memo. 1976-125. V. Section 6654 Addition to Tax Respondent determined that petitioner was liable for an addition to tax pursuant to section 6654 for failure to pay estimated tax. Under section 7491(c), respondent bears the burden of production with respect to petitioner's liability for an addition to tax. Once respondent has met that burden, it is petitioner's burden to show exculpatory factors such as reasonable cause or that respondent's determination is incorrect. See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). 9 In the circumstances of this case, we need not decide whether any portion of the closing costs is amortizable over the life of the refinancing loan, as there is no evidence concerning the loan's term nor proof that the proceeds of the loan were used for business or investment rather than personal purposes.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011