Mila Alemasov and Victor Popov - Page 7




                                        - 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  Next 

Last modified: November 10, 2007