- 4 - petitioners’ checking account to a separate IRA account in petitioner’s name in America First Credit Union. Petitioners received no wages or salaries from employment in 2002. They were not engaged in any business in that year. They did not file a Schedule C, Profit or Loss From Business, with their income tax return for 2002. They had no earnings from self-employment in that year. In the notice of deficiency, respondent disallowed petitioners’ claimed IRA deduction of $3,500 for the year 2002. Discussion A. IRA Deduction In general, taxpayers have the burden of proving that the Commissioner’s determinations are incorrect. Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 7491(a)(1) shifts the burden of proof of a factual issue to the Commissioner under certain limited circumstances. Section 7491 does not affect our analysis because our holding does not depend upon which party has the burden of proof; the evidence in the record establishes the facts and the resolution of the disputed IRA deduction involves a matter of law. Although respondent first contends that petitioners have not substantiated the payment made to petitioner’s IRA account at America First Credit Union for taxable year 2002, the evidence contained in the record establishes that on March 30, 2003,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011