Kelvin and Arlene Jackson - Page 4

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          third receipt did not describe the item purchased.  None of the             
          amounts shown equaled the $350 claimed on the return.  The shoes            
          reflected in the receipts and testimony would be adaptable to               
          personal use.                                                               
                                       OPINION                                        
               The details of the claims made on the 2002 return, the                 
          claims belatedly made as the case proceeded, and the quality of             
          evidence produced by petitioners are set forth in our findings of           
          fact because this case depends on the credibility of petitioners            
          and their documentation.  Because petitioners did not retain                
          required records and did not introduce credible evidence with               
          respect to the disputed deductions, the burden of proof remains             
          with them.  See sec. 7491(a).  For the reasons set forth below,             
          we conclude that petitioners’ evidence is not reliable and that             
          they are not entitled to any deductions beyond those conceded by            
          respondent.                                                                 
               With respect to the medical expenses in issue, besides                 
          introducing incomplete and illegible documents, Ms. Jackson                 
          presented vague and uncertain testimony as to the date certain              
          medical expenses were paid, the nature of the treatment, and the            
          family member who received treatment.  She belatedly attempted to           
          reconstruct mileage expenses for travel to medical providers, but           
          the reconstruction is unreliable because there are no reliable              
          records supporting the trips alleged.  We cannot conclude on this           






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