- 13 - 2000 Trust Income and Expenses to Be Charged to Petitioners Amount NHUSS Trust income $786,223 In God We Trust income adjustment (169,425) Ordinary recapture income 29,770 Rental income 19,200 Cost of goods sold (265,153) Gross income adjustment (70,000) Commission expense (27,334) Car and trust expense (18,374)* Home office expense (7,866) Meals and entertainment expense (2,766) Travel expense (1,035) Charitable deduction (336) * At trial, respondent stated that the parties agreed that petitioners’ car and truck expenses in 2000 were $15,691. The parties, however, stipulated in writing that the car and truck expenses were $18,374, and we use the stipulated amount. The parties’ stipulation does not separately identify any income and expenses of RJ Pendergraft Trust that are to be charged to petitioners. We understand, however, that the income and expenses of RJ Pendergraft Trust were appropriately collapsed into petitioners’ income and expenses and are reflected in the above figures. OPINION Burden of Proof Generally, under section 7491(a), the burden of proof relating to factual issues relevant to an individual’s tax liability may shift from the taxpayer to respondent where the taxpayer: (1) Has credible evidence to substantiate the item in question; (2) has maintained appropriate records relatingPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011