- 19 - of deficiency (notice) with respect to their taxable years 2000, 2001, and 2002. In that notice, respondent, inter alia, deter- mined to disallow the deductions of $10,182, $14,948, and $13,961 that petitioners claimed in the 2000 Schedule F, the 2001 Sched- ule F, and the 2002 Schedule F, respectively, for “Employee benefit programs” because “it has not been established that these amounts were ordinary and necessary business expenses, or were expended for the purpose designated.” In the notice, respondent also determined to allow petitioners deductions of $6,109, $8,969, and $9,773 for their taxable years 2000, 2001, and 2002, respectively, for “Self-Employed Health Insurance” because “you are allowed the deduction for self-employed health insurance premiums.” OPINION We first address section 7491(a). The parties agree that section 7491(a) is applicable in the instant case. The parties disagree over whether the burden of proof has shifted to respon- dent under that section. We need not, and we shall not, address that disagreement. That is because resolution of the issue presented here does not depend on who has the burden of proof. We turn now to whether petitioners are entitled to deduct under section 162(a) certain amounts in excess of the amounts conceded by respondent for “Employee benefit programs” that petitioners claimed in the 2000 Schedule F, the 2001 Schedule F,Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: March 27, 2008