Matthew P. Brown - Page 6

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          employee business expenses which petitioner did not report on his           
          returns for each of the years 2001 and 2002.                                
               The issues remaining for decision are the claimed employee             
          business expenses, which is composed of mileage expenses relating           
          to the business use of petitioner’s automobile for each of the              
          years in issue and the accuracy-related penalties.                          
          Burden of Proof                                                             
               Generally, the burden of proof is on the taxpayer.  Rule               
          142(a)(1).  Under section 7491, the burden of proof shifts from             
          the taxpayer to the Commissioner if the taxpayer produces                   
          credible evidence with respect to any factual issue relevant to             
          ascertaining the taxpayer’s liability.  Sec. 7491(a)(1).                    
          Petitioner has neither argued that the burden of proof should               
          shift nor satisfied the criteria that would cause the burden of             
          proof to shift.  Given the lack of documentation and information            
          provided by petitioner in this case, we conclude that the burden            
          of proof remains with petitioner.                                           
          Mileage Expense                                                             
               Section 162(a) permits a deduction for the ordinary and                
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  A trade or business includes              
          the trade or business of being an employee.  O’Malley v.                    
          Commissioner, 91 T.C. 352, 363-364 (1988).  Expenses that are               
          personal in nature are generally not allowed as deductions.  Sec.           






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