Lisa J. Tomlinson - Page 13




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               Petitioner failed to provide evidence indicating that Temps            
          to Go existed as an active trade or business in 2003.  While                
          petitioner may have intended to create a greeting card business,            
          petitioner’s evidence indicates that her activities during 2003             
          were related to an attempt to start a business.  Thus, for the              
          same reasons that we upheld respondent’s disallowance of                    
          petitioner’s Schedule C expenses for 2002, we sustain                       
          respondent’s disallowance of petitioner’s 2003 Schedule C                   
          deductions as determined in the notice of deficiency.9                      
          Sec. 6651(a)(1) Addition to Tax                                             
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a timely return.  The addition equals 5 percent of the                 
          amount required to be shown on the return for each month or                 
          fraction thereof that the return is late, not to exceed 25                  
          percent.  Sec. 6651(a)(1).                                                  
               Respondent bears the burden of production with respect to              
          the addition to tax.  Sec. 7491(c); Higbee v. Commissioner, 116             
          T.C. 438, 446-447 (2001).  To meet his burden of production,                
          respondent must come forward with sufficient evidence indicating            
          it is appropriate to impose the addition to tax.  See Higbee v.             
          Commissioner, supra.  Once respondent meets his burden of                   
          production, petitioner bears the burden of proving he is not                

               9 As in 2002, many of petitioner’s claimed expenses in 2003            
          appear to be personal in nature.  Many other claimed expenses               
          lack the required substantiation.                                           






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