- 18 - supra at 131; Lifschultz v. Commissioner, supra at 234; Tokarski v. Commissioner, supra at 77. Because petitioners have not proven that Hamalee incurred any unreported expenditures that were deductible under section 162, and because the record contains no reliable evidence upon which we could have otherwise estimated the amounts of these expenditures, had we found them to have been incurred, we hold that Hamalee is not entitled to any additional deductions. 4. Net Operating Loss Carryback Petitioners argue that Hamalee has an NOL in 1989, and that the Lees may carry it back to the subject years. Petitioners allege that the NOL stems from: (1) The thefts mentioned above and (2) cash expenditures made by Hamalee in 1989, but for which it did not claim a deduction on its 1989 tax return. The cash expenditures are generally asserted to be of the same type as the cash expenditures mentioned above. Petitioners must prove their right to deduct an NOL in the subject years. United States v. Olympic Radio & Television, Inc., 349 U.S. 232, 235 (1955). Such a deduction is a matter of legislative grace; it is not a matter of right. Id. at 235; Deputy v du Pont, 308 U.S. 488, 493 (1940).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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