Melvin D. Lee - Page 6

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          his 1997 individual Federal income tax return and an accuracy-              
          related penalty under section 6662 on the full amount of the tax            
          deficiency determined by respondent.                                        

               Taxpayers are expected to keep adequate books and records              
          reflecting their income and expenses.  Sec. 6001.                           
               Generally, under section 7491(a), the burden of proof                  
          on factual issues relating to a taxpayer’s tax liability may                
          shift from the taxpayer to respondent where the taxpayer has                
          credible evidence to substantiate the item in question, has                 
          maintained appropriate records relating thereto, and has                    
          cooperated with reasonable requests for information relating to             
          the item in question.  Sec. 7491(a)(1) and (2); Rule 142(a).                
               Petitioner has not produced credible evidence to                       
          substantiate any of the items at issue, nor has petitioner                  
          maintained appropriate records relating to the deductions at                
          issue.  Therefore, the burden of proof as to each of the issues             
          in this case remains on petitioner.                                         

          State and Local Income Taxes -- $13,853                                     
               In general, a taxpayer is allowed an itemized deduction for            
          State and local taxes paid within a year.  Sec. 164(a).                     
               Petitioner has not introduced any credible evidence to                 
          substantiate that during 1997 he paid the $13,853 in State and              

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Last modified: May 25, 2011