In Touch Properties, LLC, David England, Tax Matters Partner - Page 10




                                        -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.                                        






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Last modified: November 10, 2007