William Henry Sundel - Page 22

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             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 presented                







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