13 taxpayer bears the burden of proving that he or she is entitled to any deduction claimed. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). 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). In support of the items remaining in dispute with respect to the California property, petitioner introduced an invoice titled "Trial Balance". The invoice, dated January 27, 1989, and created for petitioner by Inland, lists income and expenses attributable to the California property. Petitioner testified that several of the items on the invoice are incorrect, and based on the lack of available receipts or other supporting documents, we are unable to determine whether the expenses were actually paid, and, if so, in which year (1988 or 1989). With respect to the Charleston property, petitioner offered no receipts, travel logs, or other documentation to substantiate the items still in dispute, other than handwritten schedules and lists of expenses prepared for trial. Despite the fact that petitioners filed amended returns as late as May 1994, 1 month before trial, they were unable to provide any credible evidence to support the deductions claimed. Furthermore, several of the items in dispute, if in fact purchased, would be in the nature of improvements with an expected life greater than 1 year, and the costs associated therewith must be capitalized and depreciated pursuant to statutorily prescribed limits. The testimony ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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