Barney K. and Lindy W. Huang - Page 4

                                        - 3 -                                         
               Some of the facts have been stipulated and are so found.               
          The stipulations of fact and those attached exhibits which were             
          admitted into evidence are incorporated herein by this reference.           
          Petitioners resided in Raleigh, North Carolina, on the date the             
          petition was filed in this case.                                            
               Generally, a taxpayer bears the burden of proving the                  
          Commissioner’s determinations in a statutory notice of deficiency           
          to be in error.  Rule 142(a).  Although section 7491(a) shifts              
          the burden of proof to the Commissioner with respect to certain             
          factual issues, the burden remains on the taxpayer with respect             
          to an issue where the taxpayer (1) fails to introduce credible              
          evidence with respect thereto, or (2) fails to comply with                  
          statutory recordkeeping and substantiation requirements.                    
               A taxpayer must keep records sufficient to establish the               
          amounts of the items reported on his Federal income tax return.             
          Sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs.  In the event            
          that a taxpayer establishes that a deductible expense has been              
          paid but is unable to substantiate the precise amount, we                   
          generally may estimate the amount of the deductible expense                 
          bearing heavily against the taxpayer whose inexactitude in                  


          1(...continued)                                                             
          assessment of taxes and interest which apparently had been made             
          by respondent under the authority of sec. 6213(b)(1).  The amount           
          of this assessment (exclusive of the interest portion) is                   
          properly reflected in the notice of deficiency in such a manner             
          as to reduce the amount of the 1997 deficiency.                             





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