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Source of Interest Amount
Publix Employee Federal Credit Union $334
Lexington Federal 11
Total $345
Petitioner did not file a Federal income tax return for the
taxable year ended December 31, 1993.
Petitioner argues that the income tax is not a direct tax
but an excise tax. He further suggests that the excise tax is a
tax on taxable activities and that the terms "excise tax" and
"privilege tax" are synonymous. He concludes that respondent has
not submitted any evidence that petitioner has engaged in any
"privileged activities resulting in the requisite amount of
income to incur a tax liability for 1993".
We begin by noting that respondent's determinations are
presumed correct, and petitioner bears the burden of proving that
those determinations are erroneous. Rule 142(a); Welch v.
Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a
matter of legislative grace, and petitioner bears the burden of
proving that he is entitled to any deductions claimed. INDOPCO,
Inc. v. Commissioner, 503 U.S. 79, 84 (1992).
Petitioner did not file a Federal income tax return for the
taxable year 1993. Respondent determined, and petitioner has
agreed, that petitioner earned nonemployee compensation and
interest income in 1993. This Court, as well as other Federal
courts, has consistently and uniformly held for many years that
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