- 4 - The issue concerning the effect of petitioner’s filing status on the tuition and fees deduction constitutes new matter because it would require the presentation of different evidence. It follows that respondent has the burden of proving that petitioner was a married individual within the meaning of section 7703. See sec. 222(d)(4). He has failed to meet that burden.4 Because petitioner provided sufficient evidence to refute respondent’s original determination that petitioner had failed to substantiate her tuition expenses, we hold that petitioner is entitled to the tuition and fees deduction for 2004. To reflect the foregoing, Decision will be entered under Rule 155. 4 While petitioner made an attempt to show that she was legally separated within the meaning of sec. 7703(a)(2) in 2004, and indeed provided evidence to support that she was living separately from her husband pursuant to a court order, she could not reasonably have been expected to adequately contest the issue with such inadequate notification.Page: Previous 1 2 3 4 5Last modified: November 10, 2007