- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008