David E. Benson - Page 7




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          also determined that petitioner is liable for his taxable year              
          1999 for the accuracy-related penalty under section 6662(a).                
                                       OPINION                                        
               Petitioner bears the burden of proving that the determina-             
          tions in the notice are erroneous.3  Rule 142(a); Welch v.                  
          Helvering, 290 U.S. 111, 115 (1933).  Moreover, deductions are a            
          matter of legislative grace, and petitioner bears the burden of             
          proving entitlement to any deduction claimed.  INDOPCO, Inc. v.             
          Commissioner, 503 U.S. 79, 84 (1992).  Petitioner was required to           
          maintain records sufficient to establish the amount of any                  
          deduction claimed.  Sec. 6001; sec. 1.6001-1(a), Income Tax Regs.           
          $5,000 Claimed Legal Expense                                                
               It is petitioner’s position4 that he is entitled to deduct             
          in the 1999 Schedule C the $5,000 claimed legal expense.                    
               A taxpayer is entitled to deduct under section 162(a)                  
          expenses for legal fees “if the suit against the taxpayer ‘arises           
          in connection with’ or ‘proximately results from’ the taxpayer’s            
          business or profit-seeking activity.  United States v. Gilmore,             
          372 U.S. 39, 48 (1963); Kornhauser v. United States, 276 U.S.               


               3Petitioner does not claim that the burden of proof shifts             
          to respondent under sec. 7491(a).  In any event, petitioner has             
          failed to establish that he satisfies the requirements of sec.              
          7491(a)(2).  On the record before us, we find that the burden of            
          proof does not shift to respondent under sec. 7491(a).                      
               4Although the Court ordered petitioner to file a posttrial             
          brief, he failed to do so.                                                  






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