Gary H. and L. Marianne Bell - Page 5

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          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,                 






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