Benjamin O. & Linda L. Agbaniyaka - Page 9




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          expenses of $5,661, $2,938, $2,310, and $3,013 claimed in the               
          2001 Schedule C, the 2002 Schedule C,4 the 2003 Schedule C, and             
          the 2004 Schedule C; and (4) the tuition and fees deduction of              
          $633 claimed in the 2003 return.  In the notice, respondent also            
          determined that petitioners are liable for each of their taxable            
          years 2001 through 2004 for the accuracy-related penalty under              
          section 6662(a).                                                            
                                       OPINION                                        
               Petitioners bear the burden of proving error in the determi-           
          nations for each of their taxable years 2001 through 2004 that              
          remain at issue.5  See Rule 142(a); Welch v. Helvering, 290 U.S.            
          111, 115 (1933).                                                            
               Before turning to the issues presented, we shall summarize             
          certain principles applicable to certain of those issues and                
          evaluate the evidence on which petitioners rely.                            
          Certain Applicable Principles                                               
               Deductions are strictly a matter of legislative grace, and             
          petitioners bear the burden of proving entitlement to any deduc-            


               4In disallowing petitioners’ expenses claimed in the 2002              
          Schedule C, respondent disallowed all of the expenses claimed in            
          that schedule except for $10 of petitioners’ claimed “Insurance”            
          expenses.                                                                   
               5Petitioners do not claim that the burden of proof shifts to           
          respondent under sec. 7491(a).  In any event, petitioners have              
          failed to establish that they satisfy the requirements of sec.              
          7491(a)(1) and (2).  On the record before us, we find that the              
          burden of proof does not shift to respondent under sec. 7491(a).            






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