- 50 - 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).Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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