Lawrence K. and Ruth L. Harrell - Page 4

                                        - 3 -                                         
         longer challenge, respondent’s determinations that they are not              
         entitled to the medical and dental expense deduction.  However,              
         they continue to challenge respondent’s other determinations.                
                                     Discussion                                       
              As a general rule, the Commissioner’s determinations in the             
         notice of deficiency are presumed correct, and the burden of                 
         proving an error is on the taxpayer.  Rule 142(a); Welch v.                  
         Helvering, 290 U.S. 111, 115 (1933).  However, pursuant to                   
         section 7491(a), the burden of proof with respect to any factual             
         issue relating to ascertaining the liability for tax shifts to               
         the Commissioner if the taxpayer:  (1) Maintained adequate                   
         records; (2) satisfied the substantiation requirements; (3)                  
         cooperated with the Commissioner’s agents; and (4) during the                
         Court proceeding introduced credible evidence with respect to the            
         factual issue involved.  Petitioners did not meet the                        
         substantiation requirements or introduce credible evidence                   
         regarding the disallowed amounts; therefore, the burden of proof             
         does not shift to respondent.                                                
              It is settled law that deductions are a matter of                       
         legislative grace, and the taxpayer must prove that he/she is                
         entitled to the claimed deductions.  INDOPCO, Inc. v.                        
         Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v.                
         Helvering, 292 U.S. 435, 440 (1934).  With these well-established            
         propositions in mind, we decide whether petitioners have                     





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011