- 17 - With respect to the claimed $3,586 of health insurance premiums for Mr. Albers’s Wellmark health policy, the record establishes, and petitioners concede,16 that Mr. Albers, the applicant and primary insured under that policy, incurred such premiums. With respect to the claimed $4,630 of medical and dental expenses, petitioners have failed to produce evidence, let alone credible evidence, see sec. 7491(a)(1), that establishes that Ms. Albers, and not Mr. Albers, incurred, or paid, $3,776 of such expenses. Although the record establishes that Ms. Albers charged to her credit card, and thus incurred, $854 of the claimed $4,630 of medical and dental expenses, petitioners have failed to produce evidence, let alone credible evidence, see sec. 7491(a)(1), that establishes that her employer Mr. Albers paid those charges on her behalf or that her employer Mr. Albers reimbursed her for her payment of those charges.17 On the record before us, we find that petitioners have failed to establish that her employer Mr. Albers paid, directly or indirectly, to Ms. Albers pursuant to the AgriPlan/AgriBiz 16Petitioners concede on brief that the claimed $3,586 of health insurance premiums were “incurred by her [Ms. Albers’s] spouse [Mr. Albers]”, and not by her. The parties stipulated that those premiums were “paid by check from petitioners’ joint checking account.” Mr. Albers’s Social Security number appeared as a notation on the check that is in the record in this case and that paid a portion of such claimed premiums during the year at issue. 17The parties stipulated that $4,606.58 of the claimed $4,630 of medical and dental expenses was “paid directly by petitioners”.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007