Alvin S. Kanofsky - Page 7

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          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 a                





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