James M. and Ruth J. Riley - Page 11

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               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).                      




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