- 2 - section 7430 and Rule 231.1 The issue is whether petitioner is entitled to recover $16,5222 for expenses incurred in litigating his Federal income tax liability for 2001. We hold that he is not. Background The underlying facts of this case are set out in detail in Allemeier v. Commissioner, T.C. Memo. 2005-207 (Allemeier I). We summarize the factual and procedural background briefly to rule on the instant motion. Petitioner resided in Pacific Grove, California, when he filed the petition.3 On a Federal tax return for 2001, petitioner claimed business expense deductions for a master’s degree in business administration (MBA) and other expenses related to his work for Selane Products (the company). Respondent disallowed the expense deductions in a deficiency notice dated October 1, 2003, and determined that petitioner was liable for an accuracy-related penalty. 1All section references are to the Internal Revenue Code in effect for the year at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated. 2Petitioner alternatively claims a lower litigation expense amount of $15,233.28, which he computed based upon the ratio of deductions granted versus deductions denied (92.2 percent of $16,522 equals $15,233.28). 3Petitioner has resided in Las Vegas, Nev., since August 2004.Page: Previous 1 2 3 4 5 6 7 8 Next
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