expenses for the years 1984 through 1988 as follows: 1984 1985 1986 1987 1988 Income none $1,250 $2,900 none none Expenses Repairs 8,534 2,380 $4,029 Insurance, taxes, fees 20,810 15,387 5,500 $939 Interest 17,333 20,366 10,520 Depreciation $28,482 47,851 47,260 39,875 Claimed Loss 28,482 93,278 82,493 59,924 939 Petitioners also claimed losses from rental activity in the amounts of $19,068, $18,794, $19,649, $19,347, and $16,107 for the years 1984, 1985, 1986, 1987, and 1988, respectively. II. General Legal Principles As a general rule, the Commissioner's determinations are afforded a presumption of correctness, and the taxpayer bears the burden of proving that those determinations are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a matter of legislative grace, and the taxpayer bears the burden of proving that he is entitled to claimed deductions. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); Welch v. Helvering, supra. This includes the burden of substantiating the amount and purpose of the item claimed. Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). In determining whether petitioners are entitled to deduct losses from their boat chartering and residential rental activities, we must decide whether these activities were engaged in for profit within the meaning of section 183. Section 183(a)Page: 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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