Marvin B. Hubbard - Page 4

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          business expense deduction of $2,920.56 under section 162(a) as             
          other expenses for the year 2000.3                                          
               Some of the facts were stipulated.  Those facts, with the              
          exhibits annexed thereto, are so found and made part hereof.                
          Petitioner’s legal residence at the time the petition was filed             
          was Memphis, Tennessee.                                                     
               At the time of trial, petitioner was employed by the city of           
          Memphis as a firefighter.  In addition, petitioner was also                 
          employed by the Memphis Housing Authority during the years 2000             
          and 2001.  In his position with the Housing Authority, petitioner           
          patrolled apartments and carried a gun but was unable to make               
          arrests.  If a problem occurred, petitioner merely detained the             
          individual or individuals in question and notified the police.              
               During the year 2000, petitioner’s niece, Tymiesha                     
          Somerville, moved into his household.  She arrived in February              
          after being abandoned by her mother.  Although Tymiesha’s                   
          grandmother occasionally brought her gifts, petitioner was                  


               3    Generally, the burden of proof is on the taxpayer.                
          Rule 142(a)(1).  The burden of proving facts relevant to the                
          deficiency may shift to the Commissioner under sec. 7491(a) if              
          the taxpayer establishes compliance with the requirements of sec.           
          7491(a)(2)(A) and (B) by substantiating items, maintaining                  
          required records, and fully cooperating with the Secretary’s                
          reasonable requests.  Prior to trial, petitioner did not                    
          cooperate with respondent in producing books and records to                 
          substantiate his expenses.  All of the concessions by respondent            
          were based on documentation produced by petitioner at trial.  The           
          burden of proof, therefore, did not shift to respondent under               
          sec. 7491(a).                                                               





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