- 22 - Memo. 1997-388; Markham v. Commissioner, T.C. Memo. 1991- 430; Eschweiler v. Commissioner, T.C. Memo. 1989-601. Petitioner bears the burden of proving that respondent's determination of liability for the self- employment tax is erroneous. See Rule 142(a). Petitioner did not present any evidence relating to this issue at trial and does not address the issue in his posttrial briefs. Accordingly, we sustain respondent's determination that petitioner is liable for the self-employment tax with respect to the income he realized in 1983 from selling marijuana. Deduction for Legal Expenses On Schedule A attached to his 1983 tax return, petitioner claimed a deduction of $7,500 for legal expenses. This deduction is listed on petitioner's return as "LEGAL FEES PROTECTION OF INCOME". Respondent disallowed this deduction on the ground that petitioner failed to establish either that the expenses were actually incurred or that they are deductible under section 212. In his posttrial briefs, petitioner states that he did not keep records relating to the claimed deduction, and that the attorney who rendered the legal services has since died. Petitioner argues that "Respondent never presentedPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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