M. Michael Stewart - Page 7

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          lease of vehicle; (2) $4,000 of the claimed $6,000 rental                   
          deduction; and (3) the full amount of the $4,742 claimed interest           
          deduction.                                                                  
               After the notice of deficiency was issued and a petition was           
          filed, respondent concluded that the notice did not accurately              
          reflect the correct adjustments.  Apparently some confusion was             
          created by the return, since petitioner listed other property on            
          Schedule E, Supplemental Income and Loss, and also incorrectly              
          reported the purchase of a “warehouse” on Form 8824.  In his                
          answer respondent claimed that the realized gain on the sale of             
          the San Diego condominium was composed of a capital gain of                 
          $91,424 and an ordinary gain of $20,291.  The total of these two            
          amounts, $111,715, was reported on the 2001 return as realized,             
          but deferred gain.  This claimed adjustment results in a $7,926             
          increase in the deficiency.  Petitioner agrees to the correctness           
          of this revised computation but nevertheless argues that the gain           
          should be deferred or that she is entitled to a theft or casualty           
          loss.                                                                       
                                     Discussion                                       
          I.  Burden of Proof                                                         
               Generally, the burden of proof is on the taxpayer.  Rule               
          142(a)(1).  Under section 7491, the burden of proof shifts from             
          the taxpayer to the Commissioner if the taxpayer produces                   
          credible evidence with respect to any factual issue relevant to             






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