Daniel R. Allemeier, Jr. - Page 2

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          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.                                                                       




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