Jack B. Newhart - Page 13




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                                       OPINION                                        
               Petitioner bears the burden of showing error in the                    
          determinations in the notice that remain at issue.  See Rule                
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  Deductions           
          are strictly a matter of legislative grace, and petitioner bears            
          the burden of proving that he is entitled to any deductions                 
          claimed.  INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992).            
               Petitioner attempted to satisfy his burden of proof through            
          his own testimony and certain documentary evidence, including the           
          1995 document, the 1997 document, and certain alleged receipts              
          for a claimed car rental expense,11 taxi expense, and meal                  
          expenses.12  We found petitioner’s testimony to be questionable             
          and not credible in certain material respects.  We also found the           
          1995 document,13 the 1997 document, and the alleged car rental              


               11Petitioner relies on a receipt issued to “Jack Newhart”              
          for a rental car expense incurred for the period Dec. 23-27,                
          1995.  See supra note 10.                                                   
               12Petitioner relies on nine claimed meal receipts.  Eight of           
          those nine receipts consist of restaurant chits (chits) that were           
          removed from certain restaurant bills and that were filled in by            
          hand.  Only four of those eight chits indicate the names of the             
          restaurants at which petitioner contends he ate meals, the cost             
          of which he is claiming as rental expense deductions under sec.             
          212.  Two of those four chits also indicate the locations of the            
          restaurants.  Petitioner indicated in his handwriting on each of            
          the nine claimed meal receipts the individuals who he contends              
          attended each of the meals in question and the purpose that he              
          claims for each such meal.  Petitioner’s handwriting on two of              
          the claimed meal receipts indicates that his mother Juanita Demas           
          attended the meals to which those receipts purportedly refer.               
               13The 1995 document contains a series of entries claiming              
                                                             (continued...)           




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