Henry Peter Novick and Carolyn S. Novick - Page 9

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            Insurance Co.  Respondent allowed petitioners a deduction for                              
            $7,500 (as a personal interest expense) of the $15,000 claimed.                            
            Petitioners presented no documentation at trial to substantiate                            
            their claim for the investment interest expense deduction.                                 
            Preparation of Tax Returns                                                                 
                  Petitioners' tax returns for each of the years under                                 
            consideration were prepared by their accountant, Donald Fenton.                            
            Mr. Fenton prepared the returns by entering the information                                
            provided to him by petitioners.  Mr. Fenton did not receive                                
            documentation to verify or substantiate the deductions claimed by                          
            petitioners; he took the list of expenses they provided to him at                          
            face value.  Mr. Fenton was not aware that some of the employee                            
            business expenses claimed by petitioners were, in actuality,                               
            reimbursed by Dr. Novick's employer.                                                       
                                               OPINION                                                 
                  Deductions are a matter of legislative grace.  New Colonial                          
            Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).  Taxpayers bear the                        
            burden of establishing that they are entitled to the claimed                               
            deductions.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 114                            
            (1933).  This includes the burden of substantiating the amount and                         
            purpose of the item claimed.  Sec. 6001; Hradesky v. Commissioner,                         
            65 T.C. 87, 90 (1979), affd. per curiam 540 F.2d 821 (5th Cir.                             
            1976); sec. 1.6001-1(a), Income Tax Regs.                                                  









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