Daniel A. Aregoni - Page 5

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                    Description                   Amount                              
                    Business telephone            $3,420                              
                    Client gifts                  2,248                               
                    Office supplies               2,725                               
                    Subscriptions                 325                                 
                         Total                    8,718                               
               Following an examination of petitioner’s 2000 return,                  
          respondent issued a notice of deficiency disallowing job expenses           
          and other miscellaneous deductions of $45,670.                              
                                     Discussion                                       
               As a general rule, the determinations of the Commissioner in           
          a notice of deficiency are presumed correct, and the taxpayer               
          bears the burden of proving the Commissioner’s determinations to            
          be in error.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115            
          (1933).  As one exception to this rule, section 7491(a) places              
          upon the Commissioner the burden of proof with respect to any               
          factual issue relating to liability for tax if the taxpayer                 
          maintained adequate records, satisfied the substantiation                   
          requirements, cooperated with the Commissioner, and introduced              
          during the Court proceeding credible evidence with respect to the           
          factual issue.  We decide the issue in this case without regard             
          to the burden of proof.  Accordingly, we need not decide whether            
          the general rule of section 7491(a)(1) is applicable in this                
          case.  See Higbee v. Commissioner, 116 T.C. 438 (2001).                     
               Moreover, deductions are a matter of legislative grace, and            
          the taxpayer bears the burden of proving that he or she is                  






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Last modified: May 25, 2011