- 10 - Petitioner allocated $1,400 of the total travel expenses to Schedule E and the remainder to Schedule F. He allocated and deducted travel expenses on Schedule E for his rental and Schedule F for his farming activity as follows: Item 2001 2002 2003 Travel: Transportation $5,175 $5,475 $5,400 Meals & lodging 3,600 3,600 3,600 Total travel 8,775 9,075 9,000 Schedule E rental allocation 1,400 1,400 1,400 Schedule F farming allocation 7,375 7,675 7,600 Discussion Respondent disallowed all travel expenses petitioners deducted on Schedules E and F and most of the depreciation petitioners deducted on Schedules F for 2001, 2002, and 2003. Petitioners bear the burden of proving that respondent’s determinations in the notice of deficiency are erroneous.6 See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Deductions are a matter of legislative grace, and petitioners bear the burden of proving they are entitled to the deductions they claimed. See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). 6Petitioners do not claim that the burden of proof shifts to respondent under sec. 7491(a). In any event, petitioners have failed to establish that they satisfy the requirements of sec. 7491(a)(2). On the record before us, we find that the burden of proof does not shift to respondent under sec. 7491(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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