Shawn M. and Debra E. Swagler - Page 8

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          requirements of section 7491(a)(2), the burden of proof does not            
          shift to respondent in this case.                                           
               Respondent's determinations are presumed correct, and                  
          petitioners bear the burden of proving otherwise.  Welch v.                 
          Helvering, 290 U.S. 111, 115 (1933).  Moreover, deductions are a            
          matter of legislative grace, and petitioners bear the burden of             
          proving that they are entitled to any deduction claimed.  New               
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); Welch v.           
          Helvering, supra at 115.  This includes the burden of                       
          substantiation.  Hradesky v. Commissioner, 65 T.C. 87, 90 (1975),           
          affd. per curiam 540 F.2d 821 (5th Cir. 1976).                              
               Section 162(a) allows a deduction for all ordinary and                 
          necessary expenses incurred in carrying on a trade or business.             
          Section 212 provides a deduction for all ordinary and necessary             
          expenses paid or incurred with respect to management,                       
          conservation, and maintenance of property held for production of            
          income, including real property.  Sec. 1.212-1(h), Income Tax               
          Regs.  Generally, a taxpayer must establish that deductions taken           
          pursuant to sections 162 and 212 are ordinary and necessary                 
          expenses and must maintain records sufficient to substantiate the           
          amounts of the deductions claimed.  Sec. 6001; Meneguzzo v.                 
          Commissioner, 43 T.C. 824, 831-832 (1965); sec. 1.6001-1(a), (e),           
          Income Tax Regs.                                                            








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