Robert J. and Sylvia Deward - Page 7




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          proving an error is on the taxpayer.  Rule 142(a); Welch v.                 
          Helvering, 290 U.S. 111, 115 (1933).5                                       
               Petitioners argue that our Memorandum Opinion in Vitale v.             
          Commissioner, T.C. Memo. 1999-131, affd. without published                  
          opinion 217 F.3d 843 (4th Cir. 2000), sets a precedent for the              
          allowance of their research and travel expenditures in 2001, and            
          that it would be discrimination if their expenditures were                  
          disallowed.  Approximately 2 years before he became eligible to             
          retire from his full-time job (1992), the taxpayer in Vitale                
          began writing with the hope of starting a second career as an               
          author.  In 1992, he wrote a book-length fictional manuscript and           
          a collection of short stories.  In 1993, the taxpayer wrote an              
          18,000-word draft of a third book, which he submitted for                   
          copyright registration in June of that year.  In October 1993,              
          the taxpayer entered into a publication agreement for the third             
          book.  He also actively participated in the promotion of his                
          book.  During 1993, the taxpayer incurred costs conducting                  
          interviews and performing research for the copyrighted book.  On            
          his 1993 Federal income tax return, the taxpayer for the first              


               5 Pursuant to sec. 7491(a), the burden of proof as to                  
          factual issues may shift to the Commissioner where the taxpayer             
          introduces credible evidence and complies with substantiation               
          requirements, maintains records, and cooperates fully with                  
          reasonable requests for witnesses, documents, and other                     
          information.  Because petitioners have failed to provide credible           
          evidence to support their claim, the burden of proof remains with           
          them.                                                                       






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