Aurora Duque Balino - Page 6

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               The determinations reflected by the Commissioner in a notice           
          of deficiency are presumed correct, and the burden is on the                
          taxpayer to establish that the determinations are incorrect.3               
          Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933).                       
               Section 162(a) allows a deduction for ordinary and necessary           
          business expenses paid during the taxable year in carrying on a             
          trade or business.  A “trade or business” includes the trade or             
          business of being an employee.  Primuth v. Commissioner, 54 T.C.            
          374, 377 (1970).                                                            
               Section 600l provides, in pertinent part:  "Every person               
          liable for any tax * * * shall keep such records, render such               
          statements, make such returns, and comply with such rules and               
          regulations as the Secretary may from time to time prescribe."              
          Section l.600l-l(a), Income Tax Regs., provides, in pertinent               
          part, that "any person subject to tax under subtitle A of the               
          Code * * *, shall keep such permanent books of account or                   
          records, including inventories, as are sufficient to establish              
          the amount of gross income, deductions, credits, or other matters           
          required to be shown by such person in any return of such tax".             
          Moreover, even if books and records are maintained by the                   


               3Sec. 7491 modifies this general rule and, in some                     
          instances, shifts the burden to the Commissioner.  In this case,            
          the burden does not shift to respondent because petitioner did              
          not fulfill the requirement of sec. 7491(a)(2), which, among                
          other requirements, requires that the taxpayer maintain records             
          to substantiate expenses claimed.                                           




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