- 6 - proving an error is on the taxpayer. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).5 Petitioners argue that our Memorandum Opinion in Vitale v. Commissioner, T.C. Memo. 1999-131, affd. without published opinion 217 F.3d 843 (4th Cir. 2000), sets a precedent for the allowance of their research and travel expenditures in 2001, and that it would be discrimination if their expenditures were disallowed. Approximately 2 years before he became eligible to retire from his full-time job (1992), the taxpayer in Vitale began writing with the hope of starting a second career as an author. In 1992, he wrote a book-length fictional manuscript and a collection of short stories. In 1993, the taxpayer wrote an 18,000-word draft of a third book, which he submitted for copyright registration in June of that year. In October 1993, the taxpayer entered into a publication agreement for the third book. He also actively participated in the promotion of his book. During 1993, the taxpayer incurred costs conducting interviews and performing research for the copyrighted book. On his 1993 Federal income tax return, the taxpayer for the first 5 Pursuant to sec. 7491(a), the burden of proof as to factual issues may shift to the Commissioner where the taxpayer introduces credible evidence and complies with substantiation requirements, maintains records, and cooperates fully with reasonable requests for witnesses, documents, and other information. Because petitioners have failed to provide credible evidence to support their claim, the burden of proof remains with them.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007