Darwin J. Albers & Peggy L. Albers - Page 17




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               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”.                                                               




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