Ralph E. Frahm & Erika C. Frahm - Page 19




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          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,            







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