- 8 - G. Discovery Before trial, on July 7, 2006, respondent served interrogatories on petitioners, asking them to list every item claimed as an expense deduction on the 2001 Schedule C. Perez prepared petitioners’ responses to those interrogatories. For every item except depreciation that respondent disallowed in the notice of deficiency, petitioners’ interrogatory responses reflected deduction amounts greater than the amounts reported on the Schedule C. H. The Seizures On November 30, 2005, agents of respondent’s Criminal Investigation Division (CID) executed simultaneous search warrants at petitioner’s business and at the payroll company. From November 30, 2005, through the trial in this case, CID has retained originals or copies of all electronic or paper records seized pursuant to the search warrants. At the time of the seizures, CID created an inventory of the seized paper documents. The seized paper records consist of approximately 85 boxes of materials seized from B&B Construction and 40 boxes of materials seized from the payroll company. OPINION The burden of proof is on petitioners to show that respondent’s determinations set forth in the notice of deficiency are incorrect. See Rule 142(a)(1); See Welch v. Helvering, 290Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007