Thomas James Allen - Page 4

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          petitioner was entitled to a job-related education miscellaneous            
          itemized deduction in the amount of $1,105, subject to the 2-               
          percent floor on miscellaneous itemized deductions.                         
               On Schedule C, Profit or Loss From Business, petitioner                
          claimed business expense deductions in the amount of $12,747                
          resulting in a loss claimed on Schedule C in the amount of                  
          $9,372.  Respondent disallowed the claimed deductions in the                
          amount of $12,747.  Respondent also determined, however, that               
          petitioner was entitled to deduct business expenses as follows:             
               Entertainment, gift, etc.               $  193                         
               Auto expenses                           1,950                          
               Travel, etc.                            316                            
                                                  $2,459                              
                                   Discussion                                         
               Taxpayers generally bear the burden of proving that the                
          Commissioner’s determination is incorrect.  Rule 142(a); Welch v.           
          Helvering, 290 U.S. 111 (1933).  Pursuant to section 7491(a)(1),            
          however, the burden of proof shifts to the Commissioner if, among           
          other requirements, the taxpayer introduces “credible evidence              
          with respect to any factual issue relevant to ascertaining” his             
          tax liability.  The burden of proof in this case does not shift             
          to respondent because petitioner has not complied with the                  
          requirements of section 7491(a)(1).                                         
               A taxpayer generally must keep records to substantiate the             
          amounts of items reported on his Federal income tax return.  Sec.           
          6001; sec. 1.6001-1(a), (e), Income Tax Regs.  In the event that            





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