Ronnie O. and G. June Craft - Page 5

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                                       OPINION                                        
         I.  Burden of Proof                                                          
               As a general rule, the taxpayer bears the burden of proving            
         the Commissioner's deficiency determinations incorrect.  Rule                
         142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  Section               
         7491(a), however, provides that if a taxpayer introduces credible            
         evidence and meets certain other prerequisites, the Commissioner             
         bears the burden of proof with respect to factual issues relating            
         to the liability of the taxpayer for a tax imposed under subtitle            
         A or B of the Code.  For the burden to shift, however, the                   
         taxpayer must comply with the substantiation and record-keeping              
         requirements as provided in the Internal Revenue Code and have               
         cooperated with the Commissioner.  See sec. 7491(a)(2).                      
         Petitioner did not claim that section 7491(a) applies.                       
         Furthermore, petitioner failed to introduce sufficient evidence              
         to shift the burden to respondent.  Accordingly, section 7491(a)             
         does not apply in this case.                                                 
               In the statutory notice of deficiency herein, respondent               
         stated that the expenses petitioner listed on the Schedule C must            
         be taken as deductions on Schedule A, Itemized Deductions, and               
         are subject to the 2-percent limitation.  In his calculations in             
         the notice of deficiency, respondent did not allow these expenses            
         as Schedule A deductions subject to the 2-percent limitation.  In            
         his pretrial memorandum and opening statement at trial,                      






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