-10- evidence that those determinations are erroneous. Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). However, a taxpayer can shift the burden of proof to the Commissioner under section 7491(a) if the taxpayer satisfies the requirements of section 7491(a)(2).10 Because the record does not support a finding that In Touch or its TMP maintained required records and substantiated the items claimed on its 2000 return, we conclude that petitioner did not satisfy the requirements of section 7491(a). Therefore, the burden of proof remains with petitioner on all issues. II. Accrual of Consulting Fees Section 461(a) states that a deduction must be taken in the proper taxable year under the taxpayer’s method of accounting. Accrual method taxpayers generally become entitled to a deduction when all the events have occurred to establish the fact of the liability and the amount of such liability can be determined with reasonable accuracy. Sec. 461(h)(4); sec. 1.461-1(a)(2), Income Tax Regs. To be properly accruable under the “all events test”, 10 Under sec. 7491(a)(2), a taxpayer must prove: (1) The taxpayer has complied with the Code’s substantiation requirements; (2) the taxpayer has maintained all required records; and (3) the taxpayer has cooperated with reasonable requests by the Commissioner for witnesses, information, documents, meetings, and interviews.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007