NHUSS Trust, et al. - Page 13

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               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 relating                   




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