Darwin J. Albers & Peggy L. Albers - Page 13




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          determining the tax liability of the taxpayer and (2) comply with           
          the applicable requirements of section 7491(a)(2).  Although                
          section 7491(a) does not define the term “credible evidence”, the           
          legislative history of the statute does.  The legislative history           
          of section 7491(a) provides in pertinent part:                              
               Credible evidence is the quality of evidence which,                    
               after critical analysis, the court would find suffi-                   
               cient upon which to base a decision on the issue if no                 
               contrary evidence were submitted (without regard to the                
               judicial presumption of IRS correctness). * * * The                    
               introduction of evidence will not meet this standard if                
               the court is not convinced that it is worthy of belief.                
               * * *                                                                  
          H. Conf. Rept. 105-599, at 240-241 (1998), 1998-3 C.B. 747, 994-            
          995.                                                                        
               As discussed below, there are factual issues relevant to               
          determining the tax liability of petitioners for the year at                
          issue as to which petitioners have not introduced credible                  
          evidence within the meaning of section 7491(a)(1) and as to which           
          the burden of proof does not shift to respondent under that                 
          section.                                                                    
               We turn now to whether petitioners are entitled to deduct              
          under section 162(a) the $8,216 for “Employee benefit programs”             
          claimed in petitioners’ Schedule F.  A taxpayer, including the              
          owner of an unincorporated business like Mr. Albers, is entitled            
          to deduct all the ordinary and necessary expenses paid or in-               
          curred during the taxable year in carrying on a trade or busi-              
          ness, sec. 162(a), including any amount paid to an employee                 






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