- 5 - developing and implementing distributor programs and local marketing, as well as assisting designers on retooling and repositioning existing brands. Ms. Foster will further be involved in new product development, in which she will market research on product and flavor trends, and work with designers on the development of packaging. The position of Vice President of Marketing requires theoretical and practical application of highly specialized knowledge and attainment of a Bachelor’s Degree in Business Administration or equivalent. The position requires at least a Bachelor’s degree in a field related to the specialty occupation. Petitioner did not work in marketing before moving to the United States and commencing her studies leading to an M.B.A. Respondent determined that petitioner was not entitled to deduct her education expenses and issued a notice of deficiency on July 12, 2006. Petitioner timely petitioned this Court for redetermination. Discussion In general, the Commissioner’s determination set forth in a notice of deficiency is presumed correct, and the taxpayer bears the burden of proving that the determination is in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Pursuant to section 7491(a), the burden of proof as to factual matters shifts to the Commissioner under certain circumstances. Petitioner has neither alleged that section 7491(a) applies nor established her compliance with the requirements of section 7491(a)(2)(A) and (B) to substantiate items, maintain records,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008