- 27 - precluded from taking such deductions because they have failed to substantiate their entitlement to them. We agree with respondent. Deductions are a matter of legislative grace, and petitioners bear the burden of proving that they are entitled to the deductions claimed. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); Welch v. Helvering, 290 U.S. at 115. Petitioners argue that, because respondent had possession of 25 boxes of ERL’s records for a substantial period of time prior to trial, it is incumbent upon respondent to come forward with evidence establishing that the claimed deductions were not in fact paid or incurred by ERL. We reject such a contention and decline to shift the burden of proof to respondent. On brief, petitioners claim entitlement to various expenses, but the exhibits and self-serving testimony on which they rely fail to substantiate that the alleged expenses were in fact paid or incurred. Consequently, respondent is sustained on this ssue. Issue 6. Section 6653(a) and Section 6653(a)(1) and (2) Respondent determined that petitioners are liable for an addition to tax under section 6653(a) for 1980 and additions to tax under section 6653(a)(1) and (2) for 1981 and 1982. Petitioners bear the burden of proof in establishing that they are not liable for such additions to tax. Rule 142(a). Section 6653(a) for 1980 and section 6653(a)(1) for 1981 and 1982 providePage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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