William H. and Sandra G. Flank - Page 5

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               Petitioners jointly filed for 2002 a Form 1040, U.S.                   
          Individual Income Tax Return.  Petitioners reported adjusted                
          gross income (AGI) of $161,328.15 and claimed an IRA contribution           
          deduction of $3,500.                                                        
               Respondent subsequently issued to petitioners a statutory              
          notice of deficiency for 2002 disallowing the IRA contribution              
          deduction of $3,500.  In addition, respondent determined                    
          adjustments for interest and real estate income from a                      
          partnership,2 and other computational adjustments to the return.            
                                     Discussion                                       
               The Commissioner’s determinations are presumed correct, and            
          generally taxpayers bear the burden of proving otherwise.3  Rule            
          142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933).                    
          IRA Contribution Deduction                                                  
               Tax deductions are a matter of legislative grace with the              
          taxpayer bearing the burden of proving entitlement to the                   



               2In the petition, petitioners did not raise any issues                 
          regarding the interest and the real estate income reported on               
          Schedule K-1.  Therefore, petitioners are deemed to have conceded           
          them.  Rule 34(b)(4); see Funk v. Commissioner, 123 T.C. 213, 215           
          (2004).                                                                     
               3Petitioner has not raised the issue of sec. 7491(a), which            
          shifts the burden of proof to the Commissioner in certain                   
          situations.  This Court concludes that sec. 7491 does not apply             
          because petitioner has not produced any evidence that establishes           
          the preconditions for its application.                                      




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