Richard A. Gerstenberger - Page 10




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          statutory presumption that he signed the 1995 return.6                      
               We turn next to petitioner’s contention that respondent                
          erred in determining to include in petitioner’s income a State              
          income tax refund of $2,932 that he had deducted in a prior year.           
          The record contains no evidence to support that contention other            
          than petitioner’s self-serving testimony, on which we are unwill-           
          ing to rely.  On the record before us, we find that petitioner              
          has failed to satisfy his burden to show error in respondent’s              
          determination to include in his income a $2,932 State tax refund.           
          Accordingly, we sustain that determination.                                 
               We turn now to petitioner’s contentions that respondent                
          erred in determining to disallow (a) the deduction claimed for an           
          alleged NOL carryforward (NOL deduction), (b) the deductions                
          claimed for alleged Schedule C expenses, and (c) $9,934 of the              
          total expenses ($13,834) claimed, before the 2-percent adjust-              
          ment, in the job-expense section of Schedule A.  Deductions are             
          strictly a matter of legislative grace, and petitioner bears the            
          burden of proving that he is entitled to any deductions claimed.            


               6In any event, petitioner conceded at trial that he received           
          $48,328.98 and $10,862.56 of wage income from Wilder and                    
          Goodfellow, respectively, and that he earned $165 of taxable                
          interest income, all of which income was reported in the 1995               
          return.  With respect to the $2,501 that was reported in the 1995           
          return as unemployment compensation, at trial petitioner did not            
          concede or deny that he received such compensation.  He testified           
          that he did not know anything about such compensation, including            
          whether or not he received it.  On the instant record, we find              
          that petitioner has failed to show that he did not receive the              
          unemployment compensation reported in the 1995 return.                      





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