Robert C. Fors and Lucille Fors - Page 4

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               Respondent's determinations in the statutory notice of                 
          deficiency are presumed to be correct, and petitioners bear the             
          burden of proving otherwise.  Rule 142(a); Welch v. Helvering,              
          290 U.S. 111, 115 (1933).  Moreover, deductions are strictly a              
          matter of legislative grace, and petitioners bear the burden of             
          proving their entitlement to any deductions claimed.  Rule                  
          142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992);              
          New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                
          Office Expenses - Computer                                                  
               Petitioner claimed a deduction for office expenses in the              
          amount of $3,340 on his Schedule C.  Respondent disallowed $2,450           
          of the claimed deduction.  The parties agree that the claimed and           
          disallowed office expenses include an amount claimed for the                
          purchase of a computer.                                                     
               Petitioner purchased an Apple Macintosh computer on May 15,            
          1992 for $2,013 (not including Minnesota sales tax of 6.5                   
          percent).  He purchased the computer through petitioner wife's              
          employer because of the discounts offered by Apple to employees             
          of educational institutions.                                                
               Respondent's position is that the cost of the computer is              
          generally not deductible because it is subject to the section 168           
          depreciation rules.  We agree.  Respondent further argues that              
          petitioner failed to make a proper section 179 election which is            
          required for the computer to be treated as a currently deductible           
          expense.  Petitioner contends that it is unfair to hold that a              




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