Thomas Edwards - Page 5




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          Profit or Loss From Business, reflecting expense deductions                 
          claimed.  Rather, he claims deductions for cash payments to his             
          crew and for costs of transporting his crew and materials to tile           
          jobs.  We will address these deductions first and then consider             
          the additions to tax determined by respondent.                              
          I.  Burden of Proof                                                         
               A.  Deficiency                                                         
               In general, a taxpayer bears the burden of proof.  Rule                
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  The burden           
          of proof on factual issues that affect the taxpayer’s liability             
          may be shifted to the Commissioner if the taxpayer introduces               
          credible evidence with respect to such issues and satisfies the             
          requirements under section 7491(a)(2) to substantiate items,                
          maintain required records, and cooperate fully with the                     
          Commissioner’s reasonable requests.  Sec. 7491(a).                          
               The burden of proof with respect to the deficiency                     
          respondent determined remains with petitioner because he has                
          neither taken a position as to whether the burden should be                 
          shifted to respondent nor established that he has complied with             
          the requirements of section 7491(a).4                                       

               3(...continued)                                                        
          that petitioner’s business was a sole proprietorship.                       
               4 Even though petitioner did not assert a reasonable dispute           
          with respect to the income reported on the Forms 1099-MISC,                 
          Miscellaneous Income, so as to require respondent to verify the             
                                                             (continued...)           






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