Bobby Lorn and Libby C. Claborn - Page 5




                                        - 4 -                                         
               On July 8, 2005, respondent issued the aforementioned notice           
          of deficiency.  Petitioners then filed a timely petition with               
          this Court.  A trial was held on March 5, 2007, in Knoxville,               
          Tennessee.                                                                  
                                     Discussion                                       
          I.   Burden of Proof                                                        
               As a general rule, the Commissioner’s determination of a               
          taxpayer’s liability 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), 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”.  In the                
          instant case, petitioners have neither asserted nor demonstrated            
          that they satisfied the requirements of section 7491(a),                    
          including the requirement to maintain required records, to shift            
          the burden of proof onto respondent with respect to any factual             
          issue.  Consequently, the burden of proof remains on petitioners.           
          II. General Deduction Rules                                                 
               Deductions are a matter of legislative grace, and the                  
          taxpayer must maintain adequate records to substantiate the                 

               3(...continued)                                                        
          gross income.  See sec. 67(a).  The amount of petitioners’ total            
          reported miscellaneous deductions was $23,269.                              





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