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consistently apply these standards to omission of income cases;
however, some Courts of Appeals, starting with the U.S. Court of
Appeals for the Ninth Circuit, have adopted a more lenient
approach to deduction cases. Kistner v. Commissioner, 18 F.3d
1521 (11th Cir. 1994), revg. and remanding T.C. Memo. 1991-463;
Price v. Commissioner, 887 F.2d 959, 963 (9th Cir. 1989), revg.
an Oral Opinion of this Court. In Bokum v. Commissioner,
supra at 153, we declined to apply the Price approach to
deduction cases; however, under the rule established in Golsen v.
Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir.
1971), we are bound to defer to the decision of a Court of
Appeals that is squarely on point and which is the likely venue
for appeal. Jonson v. Commissioner, 118 T.C. at 116.
Petitioner contends that the U.S. Court of Appeals for the
Eleventh Circuit, which has adopted the Price approach, is the
likely venue for appeal because petitioner currently resides in
Florida.5 Respondent contends that the U.S. Court of Appeals for
the Sixth Circuit is the likely venue for appeal.
Contrary to petitioner’s assertion, it is section 7482, and
not 28 U.S.C. section 1391 (2000), that provides the Courts of
Appeal with jurisdiction to review our decisions. Section
5 Although petitioner claims to currently reside in
Florida, we note that since October 2002, Christopher has worked
full time in North Carolina (where he and petitioner own a home),
and petitioner lives with her husband.
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