Christine Kenton & Greg Braden - Page 8

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               As indicated, petitioners also claim that petitioner paid a            
          total of $65,676, not $59,498, in legal fees to her attorney                
          relating to the arbitration award that should be deductible.                
          Respondent argues that petitioner has substantiated only $59,498            
          (resulting in a difference of $6,178).                                      
               Generally, taxpayers bear the burden of proving that they              
          are entitled to deductions claimed.  See New Colonial Ice Co. v.            
          Helvering, 292 U.S. 435 (1934); Hradesky v. Commissioner, 65 T.C.           
          87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976).               
               Petitioners herein offered no credible evidence to                     
          substantiate that the legal fees paid in 2001 relating to the               
          arbitration award exceeded $59,498.  The burden of proof with               
          respect to the additional $6,178 in legal fees is not shifted to            
          respondent and remains on petitioners.  Sec. 7491(a)(1) and (2);            
          Rule 142(a).                                                                
               Also, petitioners provided neither records nor any credible            
          evidence relating to the $8,250 in additional itemized deductions           
          claimed on their 2001 amended tax return.  The burden of proof              
          with respect thereto remains on petitioners.                                




               2(...continued)                                                        
          as a deduction in computing adjusted gross income, with the                 
          result that they are not subject to the AMT, and are not subject            
          to the 2-percent floor.  Unfortunately for petitioners, however,            
          amended sec. 62(a) is not retroactive and does not apply to                 
          petitioners’ 2001 Federal income tax.  See Commissioner v. Banks,           
          543 U.S. 426, ___, 125 S. Ct. 826, 831 (2005).                              




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