Charles Roy Schwendeman and Cindy L. Butler - Page 4




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          (f), by filing a Form 8857, Request for Innocent Spouse Relief              
          (request).  Respondent denied Butler’s request, determining that            
          she signed the joint return despite knowing about the item giving           
          rise to the deficiency.                                                     
                                       OPINION                                        
          A.   Deficiency Determination                                               
               The burden of proof is on petitioners to show that                     
          respondent’s determinations set forth in the notice of deficiency           
          are incorrect.  Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111,           
          115 (1933).  Deductions are strictly a matter of legislative                
          grace, and petitioners must show that their claimed deductions              
          are allowed by the Code.  Rule 142(a); New Colonial Ice Co. v.              
          Helvering, 292 U.S. 435, 440 (1934); Welch v. Helvering, supra at           
          115.                                                                        
               In certain circumstances, if the taxpayer introduces                   
          credible evidence with respect to a factual issue relevant to               
          ascertaining the taxpayer’s proper tax liability, section                   
          7491(a)(1) places the burden of proof on the Commissioner.  Sec.            
          7491(a)(1); Rule 142(a)(2).  For the burden to be placed on the             
          Commissioner under section 7491(a)(1), the taxpayer, inter alia,            
          must comply with the substantiation and record-keeping                      
          requirements of the Internal Revenue Code (Code).  Sec.                     
          7491(a)(2)(A) and (B).  We conclude that the burden of proof is             
          not upon respondent because petitioners have failed to introduce            







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