- 9 - 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. Petitioners must also keep sufficient records to substantiate any deduction that would otherwise be allowed by the Code. See sec. 6001; New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). In order to meet their burden of proof, petitioners must introduce sufficient evidence to: (1) Make a prima facie case establishing that respondent committed the errors alleged in the petition and (2) overcome the evidence submitted by (or otherwise favorable to) respondent. See Lyon v. Commissioner, 1 B.T.A. 378, 379 (1925). For the burden to shift to respondent, petitioners must comply with the substantiation and record-keeping requirements of the Code. See sec. 7491(a)(2)(A) and (B). We conclude that the burden of proof has not shifted to respondent with respect to any of the issues affecting petitioners’ tax liability because we find that petitioners failed to comply with substantiation requirements of the Code. A. Employee Benefits and Payroll Taxes Respondent’s notice of deficiency disallowed the amounts petitioner claimed on his Schedule C for employee benefits and payroll taxes, $97,212 and $578,441, respectively. Respondent determined that the expenses were disallowed because petitioners did not provide information to support the deductions and did notPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007