Cynthia Pamela Aldridge Dumond and Jeffrey Allen Dumond - Page 4

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          1999 and 2000 income tax returns as married filing jointly using            
          the cash method of accounting.                                              
               During 1999 and 2000, petitioner operated a vending machine            
          business, State of the Art Vending.  Petitioner purchased this              
          business in 1999, acquiring vending machines and a clientele                
          list.  During 1999 and 2000, State of the Art Vending serviced 10           
          clients.                                                                    
               On his Schedule C, Profit or Loss From Business, for taxable           
          years 1999 and 2000, petitioner deducted labor expenses of $8,400           
          in each year, which consisted of $4,200 paid to each of his two             
          minor children.  In the statutory notice, respondent disallowed             
          the amounts paid to his children after determining that the                 
          amounts were not ordinary and necessary expenses paid or incurred           
          in a trade or business.                                                     
                                     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 in            
          the notice of deficiency to be in error.  Rule 142(a); Welch v.             
          Helvering, 290 U.S. 111, 115 (1933).  Section 7491(a) shifts the            
          burden of proof to the Commissioner under certain circumstances.            
          The burden does not shift with respect to any factual issue                 
          relating to petitioners’ liability for the income tax                       
          deficiencies because petitioners neither alleged that section               






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