Martin H. Droz - Page 8

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               As of the date of the trial herein, a Mark IV helmet was               
          being offered for sale for $800 by an individual in San Francis-            
          co, California.                                                             
                                       OPINION                                        
               Petitioner bears the burden of proving that respondent's               
          determinations are erroneous.  Rule 142(a); Welch v. Helvering,             
          290 U.S. 111, 115 (1933).  Deductions are strictly a matter of              
          legislative grace, and petitioner bears the burden of proving               
          that he is entitled to any deduction claimed.  New Colonial Ice             
          Co. v. Helvering, 292 U.S. 435, 440 (1934).                                 
               Petitioner attempted to satisfy his burden of proof in this            
          case principally through his testimony and the Hetz report that             
          was attached to his 1991 return.  We found petitioner's uncor-              
          roborated testimony at times questionable, general, vague, and              
          conclusory.  Under the circumstances presented here, we are not             
          required to, and we do not, rely on petitioner's testimony to               
          sustain his burden of establishing error in respondent's deter-             
          minations.  See Lerch v. Commissioner, 877 F.2d 624, 631-632 (7th           
          Cir. 1989), affg. T.C. Memo. 1987-295; Geiger v. Commissioner,              
          440 F.2d 688, 689-690 (9th Cir. 1971), affg. per curiam T.C.                
          Memo. 1969-159; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).            
          As for the Hetz report, for the reasons discussed below, we place           
          no weight on that report.                                                   
               At trial, respondent presented as an expert witness the                





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