Stephan Bartsch and Eva Bartsch, a.k.a. Eva Pott Bartsch - Page 6

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          the 1999 return consisted solely of wages earned by petitioner in           
          the amount of $23,964.  Petitioner claimed a moving expense                 
          deduction in the amount of $8,298 on the 1999 return.                       
          Petitioner’s moving expense deduction included the cost of moving           
          the household goods and personal effects from New York City to              
          Berkeley, the cost of moving household goods from Zurich to                 
          Saigans, the cost of petitioner’s travel from Zurich to San                 
          Francisco, the cost of Mrs. Bartsch’s travel from Zurich to San             
          Francisco, the costs of storage in both Saigans and Berkeley, and           
          the cost or value of the contents of the box lost by the moving             
          company.                                                                    
               In the notice of deficiency, respondent allowed petitioners            
          a moving expense deduction of $955.  Respondent contends that               
          petitioners are not entitled to a moving expense deduction in any           
          amount greater than that allowed by respondent.                             
          Discussion                                                                  
               In general, the determinations of the Commissioner in a                
          notice of deficiency are presumed correct, and the burden is on             
          the taxpayer to show that the determinations are incorrect.  See            
          Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84                 
          (1992); Welch v. Helvering, 290 U.S. 111, 115 (1933).4                      


               4  Sec. 7491 does not apply in this case to shift the burden           
          of proof to respondent if for no other reason than that                     
          petitioner failed to establish that he fully complied with the              
          substantiation requirements of sec. 7491(a)(2)(A).                          





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