Raymond Strong - Page 16

                                       - 16 -                                         
               Deductions are a matter of legislative grace, and a taxpayer           
          seeking a deduction has the burden of overcoming the presumption            
          of correctness that attaches to respondent's factual                        
          determinations in the notice of deficiency.  Rule 142(a); New               
          Colonial Co. v. Helvering, 292 U.S. 435, 440 (1934); Welch v.               
          Helvering, 290 U.S. 111, 115 (1933).                                        
               Section 162(a)5 allows a deduction for "all the ordinary and           
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business," including a trade or business           
          as an employee.  See, e.g., Lucas v. Commissioner, 79 T.C. 1, 6-7           
          (1982).  Under section 6001 and section 1.6001-1(a) and (e),                
          Income Tax Regs., a taxpayer must keep such permanent books of              
          account or records as are sufficient to establish the amount of             
          gross income, deductions, credits, or other matters required to             
          be shown on the tax return.  If the books and records are not               
          adequate to establish the amounts of deductions or credits, but             
          there is evidence that something more should be allowed than                
          respondent allowed, then we are required to make some estimate of           


          5                                                                           
               Sec. 162 provides, in relevant part, as follows:                       
               SEC. 162.  TRADE OR BUSINESS EXPENSES.                                 
                    (a)  In General.--There shall be allowed as a deduction           
               all the ordinary and necessary expenses paid or incurred               
               during the taxable year in carrying on any trade or                    
               business, * * *                                                        






Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011