Manuel R. Chavez - Page 5




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                                     Discussion                                       
               Deductions are a matter of legislative grace, and the                  
          taxpayer must maintain adequate records to substantiate the                 
          amounts of any deductions or credits claimed.  Sec. 6001;                   
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992);                      
          sec. 1.6001-1(a), Income Tax Regs.  As a general rule, the                  
          Commissioner’s determination of a taxpayer’s liability in the               
          notice of deficiency is presumed correct, and the taxpayer bears            
          the burden of proving that the determination is improper.  See              
          Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                  
          However, pursuant to section 7491(a)(1), the burden of proof on             
          factual issues that affect the taxpayer’s tax liability may be              
          shifted to the Commissioner where the “taxpayer introduces                  
          credible evidence with respect to * * * such issue”.  The burden            
          will shift only if the taxpayer has, inter alia, complied with              
          substantiation requirements pursuant to the Internal Revenue Code           
          and “cooperated with reasonable requests by the Secretary for               
          witnesses, information, documents, meetings, and interviews”.               
          Sec. 7491(a)(2).  In the instant case, petitioner did not comply            
          with the substantiation requirements, and failed to introduce               
          credible evidence at trial.  Accordingly, the burden remains on             
          petitioner.                                                                 










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