James S Sparkman - Page 31

                                       - 31 -                                         
        HEH returns (prepared, signed, and filed by Sparkman less than 3              
        weeks before trial) and attachments thereto, and Sparkman’s                   
        returns for the years at issue.  We need not accept these figures,            
        and we decline to do so.  Petitioners have the burden of                      
        demonstrating their entitlement to any deductions claimed.  Rule              
        142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440                  
        (1934).  A taxpayer must keep sufficient records to substantiate              
        claimed deductions.  Sec. 6001; sec. 1.6001-1(a), Income Tax Regs.            
        In particular, to substantiate entitlement to a depreciation                  
        deduction, the taxpayer must establish, among other things, the               
        property’s depreciable basis, by showing the property’s cost, its             
        useful life, and the previously allowable depreciation.  See,                 
        e.g., Cluck v. Commissioner, 105 T.C. 324, 337 (1995).  The record            
        contains no credible evidence establishing Sparkman’s entitlement             
        to the claimed HEH losses; consequently, we sustain respondent’s              
        determination that he is not entitled to the claimed HEH losses               
        for the years at issue.                                                       
        V.   Additional Deductions Claimed by Sparkman                                
             On brief, petitioners contend that if Mercury Solar PTO is               
        disregarded for tax purposes, or if Sparkman is found not to be               
        entitled to his claimed HEH losses, then he should be permitted to            
        amend his individual income tax returns for the years at issue to             
        claim additional charitable deductions and mortgage interest                  
        deductions.  Petitioners’ brief does not specify what the amounts             






Page:  Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  Next

Last modified: May 25, 2011