- 21 - 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 entitlementPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011