- 4 - Respondent allowed the standard deduction, which was larger than petitioners’ itemized deductions as adjusted by respondent. Respondent’s adjustments resulted in a deficiency, and he determined an accuracy-related penalty under section 6662(a). At trial, Mr. Schubert submitted into evidence revised Forms 2106-EZ, Unreimbursed Employee Business Expenses, which were admitted into evidence as petitioners’ new position. The revised forms reduced Mr. Schubert’s claimed vehicle and business expenses to $10,233 and $2,283, respectively. The revised forms increased Ms. Moore’s claimed vehicle expenses to $15,176 and reduced her business expenses to $9,225. In the revised forms, neither petitioner claimed deductions for travel, meals and entertainment, nor parking fees, tolls, and transportation.2 Discussion I. Burden of Proof The Commissioner’s determinations in a notice of deficiency are presumed correct, and the taxpayer has the burden to prove that the determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). But the burden of proof on factual issues that affect a taxpayer’s tax liability may be 2 Petitioners abandoned these issues at trial and in effect conceded that the following claimed deductions were not proper: (1) Travel; (2) meals and entertainment; (3) parking fees, tolls, and transportation; and (4) $4,392 of the total $15,900 in business expenses. Accordingly, respondent’s determination is sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: March 27, 2008