Wilburn C. Hall, Jr. - Page 50

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        III. Deductions                                                               
        A.  In General                                                                
        Section 16112 allows deductions in computing taxable income,                  
        for the items specified in sections 162 (trade or business                    
        expenses), 163 (interest), 165 (losses), 166 (bad debts), and 167             
        (depreciation), among others.                                                 
        Deductions are a matter of legislative grace, and a taxpayer                  
        seeking a deduction has the burden of overcoming the presumption              
        of correctness that attaches to respondent's factual                          
        determinations in the notice of deficiency. Rule 142(a); New                  
        Colonial Co. v. Helvering, 292 U.S. 435, 440 (1934); Welch v.                 
        Helvering, 290 U.S. at 115. However, if the record provides                   
        sufficient evidence that a cash basis taxpayer has paid and                   
        incurred a deductible expense in an amount greater than what                  
        respondent allows, but the taxpayer is unable to adequately                   
        substantiate the amount of the deduction, then the Court is to                
        estimate the amount of the expense and allow the deduction to                 
        that extent. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d                  
        Cir. 1930).                                                                   
        In Cohan, the taxpayer claimed large travel and                               


               12SEC. 161. ALLOWANCE OF DEDUCTIONS.                                   
          In computing taxable income under section 63, there shall be                
          allowed as deductions the items specified in this part [part VI,            
          relating to itemized deductions for individuals and                         
          corporations], subject to the exceptions provided in part IX                
          (sec. 261 and following, relating to items not deductible).                 




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