Alvin S. Kanofsky - Page 6

                                        - 6 -                                         
                         Year           Additional Schedule A Deductions              
                         1996                     $46,632                             
                         1997                     20,933                              
                         1998                     42,881                              
                         1999                     23,235                              
                         2000                     22,414                              
                                       OPINION                                        
          I.  Burden of Proof                                                         
               Generally, a taxpayer in this Court bears the burden of                
          proof.  Rule 142(a)(1).  In certain circumstances, however, if              
          the taxpayer introduces credible evidence with respect to any               
          factual issue relevant to ascertaining the proper tax liability,            
          section 7491 shifts the burden of proof to the Commissioner.                
          Sec. 7491(a)(1); Rule 142(a)(2).  Credible evidence is evidence             
          the Court would find sufficient upon which to base a decision on            
          the issue in favor of the taxpayer if no contrary evidence were             
          submitted.  See Higbee v. Commissioner, 116 T.C. 438, 442 (2001);           
          Bernardo v. Commissioner, T.C. Memo. 2004-199 n.6.  Section                 
          7491(a)(2) imposes certain prerequisites to the application of              
          section 7491(a)(1), including that the taxpayer has complied with           
          the requirements under the Internal Revenue Code “to substantiate           
          any item”.  Sec. 7491(a)(2)(A).                                             
               As discussed infra, petitioner has failed to introduce                 
          credible evidence of his entitlement, under section 162, to the             
          disallowed Schedule C deductions.  Therefore, petitioner bears              
          the burden of proof with respect to his entitlement to those                
          deductions pursuant to Rule 142(a), a burden that, because of the           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011