- 8 - As indicated, petitioners also claim that petitioner paid a total of $65,676, not $59,498, in legal fees to her attorney relating to the arbitration award that should be deductible. Respondent argues that petitioner has substantiated only $59,498 (resulting in a difference of $6,178). Generally, taxpayers bear the burden of proving that they are entitled to deductions claimed. See New Colonial Ice Co. v. Helvering, 292 U.S. 435 (1934); Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). Petitioners herein offered no credible evidence to substantiate that the legal fees paid in 2001 relating to the arbitration award exceeded $59,498. The burden of proof with respect to the additional $6,178 in legal fees is not shifted to respondent and remains on petitioners. Sec. 7491(a)(1) and (2); Rule 142(a). Also, petitioners provided neither records nor any credible evidence relating to the $8,250 in additional itemized deductions claimed on their 2001 amended tax return. The burden of proof with respect thereto remains on petitioners. 2(...continued) as a deduction in computing adjusted gross income, with the result that they are not subject to the AMT, and are not subject to the 2-percent floor. Unfortunately for petitioners, however, amended sec. 62(a) is not retroactive and does not apply to petitioners’ 2001 Federal income tax. See Commissioner v. Banks, 543 U.S. 426, ___, 125 S. Ct. 826, 831 (2005).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011