- 5 - each deduction available and show that all requirements have been met. New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). It is also the taxpayer’s responsibility to maintain records sufficient to enable the Commissioner to determine the correct tax liability. Sec. 6001; sec. 1.6001-1(a), Income Tax Regs.4 The first issue is whether petitioners are entitled to deduct the expenses that created net operating losses. Respondent asserts that petitioners did not engage in the activities with the requisite profit objectives, and, alternatively, that, if petitioners operated the businesses for profit, they failed to substantiate the expenses reported on their Schedules C in excess of the reported gross income. The Court agrees with respondent.5 Section 162 allows a deduction for ordinary and necessary expenses that are paid or incurred during the taxable year in 4Under sec. 7454(a), the burden of proof as to fraud is on the Commissioner. As to all other issues, sec. 7491(a), in some instances, shifts the burden of proof to the Commissioner but only as to the examination of taxpayers’ returns that commenced after July 22, 1998. The examination in this case commenced in 1996; therefore, the Court does not need to address sec. 7491(a). 5Because the Court holds that petitioners may not deduct the excess of the claimed Schedule C expenses so as to create net operating losses for the years at issue due to lack of substantiation, it is not necessary to address whether petitioners were in fact operating a business for profit.Page: 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