- 4 - been reported as a loss from business. Instead, respondent allowed a deduction of $83,451 for the claimed loss from gambling as a Schedule A itemized deduction. Reclassification of Mr. Mohammadpour’s gambling activity resulted in the disallowance of petitioners’ claimed child tax credit and in a reduction in the amount of otherwise allowable itemized deductions. Discussion As a general rule, the Commissioner’s determinations in the notice of deficiency are presumed correct, and the burden of proving an error is on the taxpayer. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioners have neither claimed nor shown that they satisfied the requirements of section 7491(a) to shift the burden of proof to respondent. Hence, petitioners bear the burden of proving that respondent’s deficiency determinations are incorrect. In general, all ordinary and necessary expenses paid or incurred in carrying on a trade or business during the taxable year are deductible. Sec. 162(a). A taxpayer may have more than one trade or business. Curphey v. Commissioner, 73 T.C. 766 (1980); Calvao v. Commissioner, T.C. Memo. 2007-57; Barrish v. Commissioner, T.C. Memo. 1984-602.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007