- 7 - Section 7491(a) places the burden of proof on the Commissioner as to any issue upon which the taxpayer introduces credible evidence and which is relevant to the taxpayer’s tax liability. However, for the burden of proof to be placed on the Commissioner, the taxpayer must comply with the substantiation and record-keeping requirements of the Internal Revenue Code. Moreover, section 7491(a) requires that the taxpayer cooperate with reasonable requests for “witnesses, information, documents, meetings, and interviews”. Sec. 7491(a)(2)(B). The notice of deficiency, upon which this case is based, states with respect to the expenses claimed: “We are not allowing the amount on your return because we did not get an answer to our request for information to support your entries.” Petitioners failed to cooperate with reasonable requests by respondent for documents as required by section 7491(a)(2)(B). On the record, the Court has denied petitioners’ motion. The first issue is whether petitioners are entitled to deductions under section 162(a) for expenses which they claim petitioner incurred in a real estate trade or business activity for profit. Section 162(a) allows a deduction for all ordinary and necessary expenses incurred in carrying on a trade or business. Section 212 allows a deduction for all ordinary and necessary expenses paid or incurred for the production of income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007