- 4 - Discussion The Commissioner’s determinations are presumed correct, and generally taxpayers bear the burden of proving otherwise.2 Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). Tax deductions are a matter of legislative grace with the taxpayer bearing the burden of proving entitlement to the deductions claimed. Rule 142(a)(1); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). Whether the Distribution Is Includable in Income Generally, any amount “paid or distributed out of” an IRA is includable in gross income in the year received. Sec. 408(d)(1). Petitioner asserts that the distribution is not income, arguing that the distribution is a “loan-type situation” permitted under the Code and by the Internal Revenue Service for self-employed individuals. Petitioner claims that his “intent” was to borrow from the IRA for his business venture and to repay the IRA at a later date. Respondent argues that the distribution is income because petitioner did not roll the distribution into an eligible IRA within 60 days from receipt as required by section 408(d)(3)(A). The Court agrees with respondent. 2Petitioner has not raised the issue of sec. 7491(a), which shifts the burden of proof to the Commissioner in certain situations. This Court concludes that sec. 7491 does not apply because petitioner has not produced any evidence that establishes the preconditions for its application.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007