Kristine A. Cluck - Page 21

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          Bartel v. Commissioner, 54 T.C. 25, 32 (1970).  We find that                
          Elwood had unreported capital gain of $264,425 ($619,425 amount             
          realized over $355,000 basis).  The effect of this ruling is that           
          the portion of petitioner's 1987 and 1988 NOL's attributable to             
          the 1984 loss carryforwards will be eliminated.                             
          B.   Additional Depreciation Deductions                                     
               Petitioner asserts that she is entitled to increase her                
          claimed 1987 and 1988 NOL's to reflect certain depreciation and             
          amortization deductions that were not claimed during the tax                
          years 1984 to 1988.  Respondent contends that petitioner has not            
          substantiated her entitlement to such deductions.                           
               Deductions are strictly a matter of legislative grace, and             
          petitioner bears the burden of proving she is entitled to any               
          deductions claimed.  Rule 142(a); New Colonial Ice Co. v.                   
          Helvering, 292 U.S. 435 (1934).  A taxpayer is required to                  
          substantiate claimed deductions by maintaining the records needed           
          to establish her entitlement to such deductions.  Sec. 6001; sec.           
          1.6001-1(a), Income Tax Regs.                                               
               Section 167 provides, in part, for a depreciation deduction            
          with respect to property used in a trade or business.                       
          Depreciation allows the taxpayer to recover the cost of the                 
          property used in a trade or business or for the production of               
          income.  United States v. Ludey, 274 U.S. 295, 300-301 (1927);              
          Southeastern Bldg. Corp. v. Commissioner, 3 T.C. 381, 384 (1944),           
          affd. 148 F.2d 879 (5th Cir. 1945).  To substantiate entitlement            




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