1999 Tax Ct. Memo LEXIS 313">*313 Decision will be entered under Rule 155.
MEMORANDUM FINDINGS OF FACT AND OPINION
LARO, JUDGE: William Allen Simpson petitioned the Court to redetermine respondent's determination of a $ 43,858 deficiency in his 1994 Federal income tax and additions thereto under
FINDINGS OF FACT
Some facts have been stipulated. The stipulated facts and the exhibit submitted therewith are incorporated herein by this reference. Petitioner was self-employed during 1994 as a computer engineer. He resided in Madison Heights, Michigan, when he petitioned the Court.
Petitioner did not timely file a 1994 Federal income tax return. Respondent determined petitioner's income tax liability for 1994 and issued to him a notice of deficiency reflecting that determination. Respondent later adjusted that determination to take into account deductions raised and substantiated by petitioner after the issuance of the notice of deficiency. Petitioner asserts that, 1999 Tax Ct. Memo LEXIS 313">*315 in addition to the deductions allowed by respondent, he may deduct certain other amounts as business expenses. Petitioner paid $ 3,600 to a personal acquaintance (Elizabeth Helmboldt), $ 10,000 to his sister (Ruth Eileen Simpson), and $ 1,064 for a flying lesson. Petitioner asserts that these payments were ordinary and necessary expenses of his computer engineering business. Petitioner has never obtained a pilot's license nor piloted an airplane in carrying on his business.
OPINION
Petitioner must prove that respondent's determinations set forth in the notice of deficiency are incorrect. See Rule 142(a);
Petitioner's burden of proof requires that he introduce sufficient evidence to: (1) Make 1999 Tax Ct. Memo LEXIS 313">*316 a prima facie case establishing that respondent committed the errors alleged in the petition and (2) overcome the evidence favorable to respondent. See
To reflect respondent's concessions,
Decision will be entered under Rule 155.