- 4 - 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 7491 shifts the burden of proof to the Commissioner if the taxpayer introduces credible evidence with respect to any factual issue relevant to ascertaining a tax liability, provided the taxpayer has maintained books and records, and has cooperated with reasonable requests by the Commissioner for witnesses, information, documents, meetings, and interviews. Based on our review of the entire record in this case, we are convinced that the burden has not shifted to respondent on any issue before the Court. Taxpayers are permitted deductions only as a matter of legislative grace, and only as specifically provided by statute. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). In addition, section 6001 places upon the taxpayer the requirement to maintain records sufficient to sustain the veracity of taxpayer’s income and expenses. After taking into account petitioner’s concession,1 our decision rests on whether petitioner has presented the Court with evidence sufficient to support the deductions disallowed by respondent for the year in issue. 1 At trial, petitioner conceded that of the $19,400 deduction for State and local taxes at issue in this case, $7,400 of that amount was actually for Federal taxes, leaving only $12,000 of the original amount in dispute at issue.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 10, 2007