- 7 - absence of credible evidence of deductibility, petitioner cannot sustain. See Bernardo v. Commissioner, supra n.7. Under section 7491(c), respondent retains the burden of production (but not the overall burden of proof) with respect to petitioner’s liability for the accuracy-related penalty under section 6662(a). See Higbee v. Commissioner, supra at 446-447. II. Petitioner’s Schedule C Deductions A. The Parties’ Arguments On brief, respondent summarizes his position as follows: Specifically, petitioner failed to offer any evidence, other than his uncorroborated testimony, that he was engaged in a trade or business in taxable years 1996, 1997 and 1998[,] and [he] failed to produce adequate records which substantiate the disallowed Schedule C expenses in taxable years 1996-2000 * * *. Petitioner testified at trial and reiterates on brief that he has been engaged in various business activities for the past 25 years, and that, as petitioner puts it on brief, during the 1996-2000 period, he was actively “developing ideas for companies, creating companies, and expanding on earlier research projects and ideas, developing patents, and protecting the company interests with law suits [sic], etc. as well as using his building for business purposes and improving the building.” B. Deductibility of Expenses Under Section 162(a) Section 162(a) permits a deduction for “all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”. Any amount claimed as aPage: 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