Leonard Stockwell - Page 10




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          as the choices of more senior mechanics.  Petitioner did not know           
          how long he would be in Milwaukee or Detroit or where he might go           
          next.  It was not foreseeable that he would be able to return to            
          Minneapolis at any time due to the seniority system.  Thus, there           
          was no business reason for petitioner to maintain a home in the             
          Minneapolis area.  Petitioner kept the residence in the                     
          Minneapolis area for purely personal reasons.  Petitioner has               
          failed to prove that he had a tax home in 2003.  Accordingly,               
          petitioner was not away from home in Milwaukee or Detroit, and              
          the expenses he incurred while there are not deductible.5                   
          Substantiation of Expenses                                                  
               We next turn to the substantiation issues to determine                 
          whether petitioner is entitled to deduct any remaining expenses.            
          We begin by noting the fundamental principle that the                       
          Commissioner’s determinations are generally presumed correct, and           
          the taxpayer bears the burden of proving that these                         
          determinations are erroneous.6  Rule 142(a); INDOPCO, Inc. v.               
          Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290               
          U.S. 111 (1933).  Moreover, deductions are a matter of                      

               5Even if we had found that petitioner’s tax home during 2003           
          was Savage, Minnesota, petitioner may not be treated as                     
          temporarily away from home while he worked in Detroit because the           
          position lasted over a year.  See sec. 162(a).                              
               6Petitioner does not claim the burden of proof shifted to              
          respondent under sec. 7491(a).  Petitioner also did not establish           
          he satisfies the requirements of sec. 7491(a)(2).  We therefore             
          find that the burden of proof remains with petitioner.                      






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