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          entitled to the deductions claimed.5  Rule 142(a); INDOPCO, Inc.            
          v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v.            
          Helvering, 292 U.S. 435, 440 (1934); Welch v. Helvering, 290 U.S.           
          111 (1933).  Section 7491(a) shifts the burden of proof to the              
          Commissioner respecting tax liability under certain                         
          circumstances.  The burden does not shift in this case because              
          petitioner neither alleged that section 7491(a) was applicable              
          nor established that she fully complied with the statutory                  
          substantiation requirements of section 7491 as shown below.  Sec.           
          7491(a)(2)(A) and (B).                                                      
               If petitioner fails to establish Port of Mystery’s                     
          entitlement to the deductions under section 162,6 and fails to              
          show error in respondent’s determination that Port of Mystery was           
          an activity not engaged in for profit, then section 183 limits              
          5The Internal Revenue Service Restructuring & Reform Act of                 
          1998, Pub. L. 105-206, sec. 3001, 112 Stat. 726, added sec.                 
          7491(a), which is applicable to Court proceedings arising in                
          connection with examinations commencing after July 22, 1998.                
          Under sec. 7491(a), Congress requires the burden of proof to be             
          placed on the Commissioner, where a taxpayer introduces credible            
          evidence with respect to factual issues relevant to ascertaining            
          the taxpayer’s liability for tax, and meets certain other                   
          requirements.  In the instant case, petitioner has not raised the           
          application of this provision, and petitioner has not presented             
          such credible evidence, nor met all other applicable                        
          requirements; therefore, the burden remains with petitioner.                
          6Sec. 183(c) provides that an activity is not engaged in for                
          profit if the activity is “other than one with respect to which             
          deductions are allowable for the taxable year under section 162             
          or under paragraph (1) or (2) of section 212.”                              
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