- 17 - Petitioner is allowed a deduction for the ordinary and necessary expenses paid or incurred in carrying on his trade or business. Sec. 162. It is clear that a business expense incurred only once cannot be claimed twice. Deductions are a matter of legislative grace, New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934), and petitioner has the burden of proving that he is entitled to any deductions claimed. Rule 142(a); Welch v. Helvering , 290 U.S. 111 (1933). Petitioner acknowledged at trial that some of the expenses he claimed were duplicated. He indicated that when he hastily prepared the Federal income tax return on or about April 15, 1991, he may have forgotten that he had transferred the MYM expense items into the DAC system in December 1990. The evidence shows that petitioner deducted various expenses included in the MYM system twice, once as deductions based on the MYM system and a second time when the same expenses were transferred to the DAC system and included as deductions claimed based on the DAC system. The duplicated expenses included on petitioner's Schedule C for 1990 are as follows: Expense Amount Duplicated Advertising $637.47 Car and truck 1,076.64 Insurance 1,327.26 Legal and prof. 3,440.00 Moving 1,254.00 Office expense 2,778.84 Other expense 2,540.96 Rent 1,575.00 Supplies 8,969.29Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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