Uber Gonzalez and Linda Gonzalez - Page 4

                                        - 4 -                                         
          Alexander v. Commissioner, T.C. Memo. 1995-51, affd. 72 F.3d 938            
          (1st Cir. 1995).                                                            
               Petitioners' argument consists of policy arguments that are            
          not supported by the statutes or by case law (none is cited by              
          petitioners).  Petitioners feel that they should be entitled to             
          deduct unreimbursed employee expenses on their Schedule C and               
          “request that the Tax Court recommend to Internal Revenue that              
          this situation be corrected either by the reinstatement of the              
          pre-1984 method of subtracting all trade deductions or by                   
          inclusion of the 'Statutory Employee' designation for those                 
          employees who are delivering or constructing on site.”                      
          Petitioners have chosen the wrong forum in which to raise these             
          arguments.  If petitioners would prefer the law to be different,            
          we would refer them to Congress.  See U.S. Const. art. 1, sec. 1.           
               Petitioners bear the burden of proof.  Rule 142(a).  They              
          have shown no reason why they fall outside the reach of section             
          67.  Accordingly, we sustain respondent's determination.                    
               To reflect the foregoing,                                              
                                                       Decision will be               
                                                  entered for respondent.             













Page:  Previous  1  2  3  4  

Last modified: May 25, 2011