William Allen Simpson - Page 3




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          Simpson), and $1,064 for a flying lesson.  Petitioner asserts               
          that these payments were ordinary and necessary expenses of his             
          computer engineering business.  Petitioner has never obtained a             
          pilot's license nor piloted an airplane in carrying on his                  
          business.                                                                   
                                       OPINION                                        
               Petitioner must prove that respondent's determinations set             
          forth in the notice of deficiency are incorrect.  See Rule                  
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  Petitioner           
          also must prove his entitlement to any deduction.  Deductions are           
          strictly a matter of legislative grace, and petitioner must show            
          that his claimed deductions are allowed by the Code.  See also              
          New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                
          Petitioner must maintain sufficient records to substantiate his             
          claimed deductions.  See sec. 6001; sec. 1.6001-1(a), Income Tax            
          Regs.                                                                       
               Petitioner's burden of proof requires that he introduce                
          sufficient evidence to:  (1) Make a prima facie case establishing           
          that respondent committed the errors alleged in the petition and            
          (2) overcome the evidence favorable to respondent.  See Lyon v.             
          Commissioner, 1 B.T.A. 378, 379 (1925); see also Lawler v.                  
          Commissioner, T.C. Memo. 1995-26.  Petitioner relies mainly on              
          his testimony to meet his burden.  We find his testimony                    
          unpersuasive and incomplete.  Petitioner provided no written                






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