- 5 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011