Ronald C. Singerman - Page 7

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          California Department of Corporations on December 20, 2001.                 
          There is no evidence that either agency conducted an                        
          investigation.                                                              
                                     Discussion                                       
               Generally, a taxpayer bears the burden of proof.  Rule                 
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  The burden           
          may shift to the Commissioner if the taxpayer introduces credible           
          evidence and satisfies the requirements under section 7491(a)(2)            
          to substantiate items, maintain required records, and fully                 
          cooperate with the Commissioner’s reasonable requests.  Sec.                
          7491(a).  In this case petitioner has neither argued that section           
          7491 is applicable to shift the burden of proof to respondent nor           
          established that he complied with the requirements of section               
          7491(a)(2).  The resolution of the issue presented does not                 
          depend on which party has the burden of proof.  We resolve the              
          issue on the preponderance of the evidence in the record.                   
               Section 165(a) provides a deduction for any loss sustained             
          during the taxable year not compensated for by insurance or                 
          otherwise.  Under section 165(c), losses for individuals are                
          limited to (1) losses incurred in a trade or business, (2) losses           
          incurred in any transaction entered into for profit, though not             
          connected with a trade or business, and (3) losses of property              
          not connected with a trade or business or a transaction entered             
          into for profit, if such losses arise from fire, storm,                     
          shipwreck, or other casualty, or from theft.                                




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