Steve J. Work - Page 5

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               C.  2000                                                               
               On his 2000 Federal income tax return, petitioner claimed an           
          $11,792 deduction for home mortgage interest, a $1,520 deduction            
          for gifts to charity by cash or check, and “other miscellaneous             
          deductions” totaling $9,184.  On his Schedule C, petitioner                 
          claimed $19,690 in total expenses.                                          
               In the notice of deficiency, respondent disallowed $6,862 of           
          petitioner’s home mortgage interest deduction and disallowed                
          petitioner’s charitable contribution deduction, other                       
          miscellaneous deductions, and Schedule C expenses in full.2                 
                                       OPINION                                        
               Generally, respondent’s deficiency determinations set forth            
          in the notices of deficiency are presumed correct, and petitioner           
          bears the burden of showing the determinations are in error.                
          Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                  
          Section 7491(a), however, shifts the burden of proof to the                 
          Commissioner with respect to a factual issue affecting the tax              
          liability of a taxpayer who meets certain preliminary conditions.           
          Petitioner failed to cooperate with respondent, and he did not              
          claim that section 7491(a) applies.  Accordingly, section 7491(a)           




               2  Respondent disallowed $20,279 in Schedule C expenses.               
          Petitioner, however, claimed only $19,690 in Schedule C expenses.           
          This discrepancy can be accounted for in the Rule 155                       
          computation.                                                                





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