Karen V. Hough - Page 3

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               During 1999 and 2000, petitioner operated as a sole                    
          proprietorship a nursing business.  The nursing business                    
          consisted of working as an expert witness (medical legal                    
          consulting) and as a nurse practitioner.                                    
               Petitioner reported her nursing business expenses on                   
          Schedule C, Profit or Loss From Business, of her 1999 and 2000              
          tax returns (nursing business expenses).  Respondent issued to              
          petitioner a notice of deficiency for 1999 and 2000 that                    
          disallowed some of the nursing business expenses in part and                
          other nursing business expenses in full.  Petitioner filed a                
          petition challenging the disallowance of her nursing business               
          expenses.                                                                   
                                       OPINION                                        
               Petitioner has neither claimed nor shown that she satisfied            
          the requirements of section 7491(a) to shift the burden of proof            
          to respondent with regard to any factual issue.  Accordingly,               
          petitioner bears the burden of proof.  Rule 142(a).  Deductions             
          are a matter of legislative grace; petitioner has the burden of             
          showing that she is entitled to any deduction claimed.  Id.; New            
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                    
               Petitioner relies on her own testimony to substantiate the             
          nursing business expenses.  The Court is not required to accept             
          petitioner’s unsubstantiated testimony.  See Wood v.                        
          Commissioner, 338 F.2d 602, 605 (9th Cir. 1964), affg. 41 T.C.              






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