8 Petitioner has offered no evidence to prove that respondent's determination is incorrect. Therefore, we deem petitioner to have conceded this issue. Rule 149(b). Rent Expense Petitioner claimed rent expense of $5,600. Respondent disallowed $831 of this amount due to lack of substantiation. Petitioner now claims that he incurred rent expense of $9,552 for the year. Petitioner testified that he signed a lease and rented the office in Chicago, Illinois, throughout the year, but at trial he did not produce any written documentation of this. Three of petitioner's patients testified that they saw petitioner regularly throughout the year in issue, and at least one of his patients testified that petitioner held sessions with him at this particular location. The problem we have is with petitioner's proof as to the amount of this expense. His evidence is inadequate to overcome the fact that he claimed rent expense of only $5,600 on his return. There is no explanation for this discrepancy. On this record, we find that petitioner is entitled to deduct rent expense of $5,600 as claimed. Telephone Expense Petitioner claimed telephone expense of $4,043. Respondent disallowed $2,156 of this amount. Petitioner has not established that he incurred telephone expense in excess of the amount allowed by respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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