Anke Lunsmann-Nolting - Page 6

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          Schedule E.  Respondent determined that petitioner was not                  
          entitled to the deduction because she did not engage in the                 
          rental real estate activity with the objective of earning a                 
          profit.                                                                     
                                     Discussion                                       
               The Commissioner’s determinations are presumed correct, and            
          generally, the taxpayer bears the burden of proving otherwise.              
          Welch v. Helvering, 290 U.S. 111, 115 (1933).2                              
               Tax deductions are a matter of legislative grace with the              
          taxpayer bearing the burden of proving entitlement to the                   
          deductions claimed.  Rule 142(a)(1); INDOPCO, Inc. v.                       
          Commissioner, 503 U.S. 79, 84 (1992).                                       
          Section 183                                                                 
               Section 183(a) disallows any deduction attributable to                 
          activities not engaged in for profit except as provided under               
          section 183(b).  Section 183(b)(1) allows those deductions that             
          otherwise are allowable regardless of profit objective.  Section            
          183(b)(2) allows those deductions that would be allowable if the            
          activity were engaged in for profit, but only to the extent that            
          gross income attributable to the activity exceeds the deductions            
          permitted by section 183(b)(1).  Section 183(c) defines an                  


               2Petitioner has not raised the issue of sec. 7491(a), which            
          shifts the burden of proof to the Commissioner in certain                   
          situations.  This Court concludes that sec. 7491 does not apply             
          because petitioner has not produced any evidence that establishes           
          the preconditions for its application.                                      




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