Jimmie L. Clemons - Page 5

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          petitioner was entitled to Schedule A itemized miscellaneous                
          deductions in the amount of $44,523, rather than the standard               
          deduction, and respondent further determined that petitioner must           
          include taxable Social Security benefits of $8,690 in his gross             
          income for taxable year 2001.  The taxable Social Security income           
          was computed at 85 percent of the total amount of $10,244, which            
          petitioner received as Social Security benefits during taxable              
          year 2001.                                                                  
               After the issuance of the notice of deficiency, but before             
          trial, respondent conceded that he failed to allow petitioner a             
          personal exemption and understated the allowable itemized                   
          miscellaneous deductions in his computation of the deficiency               
          reflected in the notice of deficiency.                                      
               As previously noted, at trial, respondent conceded that                
          petitioner was entitled to Schedule A itemized miscellaneous                
          deductions of $45,333, consisting of $44,833 for gambling losses            
          incurred by petitioner during taxable year 2001 and $500 for                
          charitable contributions made by petitioner during taxable year             
          2001.  Respondent also conceded, at trial, that the correct                 
          amount of the deficiency for taxable year 2001 was $1,046.                  
                                     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            






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