- 38 - argue that the model code definition would be administratively burdensome to implement. Based on the foregoing, petitioner has failed to demonstrate that the method selected by respondent was clearly unlawful or plainly arbitrary; therefore, we hold that respondent’s determination must be upheld, and Investments must utilize a model code definition of an item.22 Thor Power Tool Co. v. Commissioner, 439 U.S. at 532; Hamilton Indus. v. Commissioner, 97 T.C. at 129. Airplane Expenses Respondent disallowed the deductions arising from Investments' operation of the airplane to the extent that such deductions exceeded the airplane rental fees it received. Respondent based her determination on alternative arguments; specifically, respondent argued that the excess expenses were (1) incurred primarily for the benefit of petitioner, (2) not ordinary and necessary, or (3) unreasonable in amount. Petitioner asserts that the excess expenditures are allowable. Deductions are a matter of legislative grace, and the taxpayer bears the burden of proving that he is entitled to the 22 Respondent’s determination effects a change in Investments’ method of accounting; accordingly, respondent may make a sec. 481 adjustment. Weiss v. Commissioner, 395 F.2d 500, 502 (10th Cir. 1968) (sec. 481 adjustment applies to subch. S shareholders), affg. T.C. Memo. 1967-125; Hamilton Indus., Inc. & Sub. v. Commissioner, 97 T.C. 120, 127-128 (1991). The parties may include this adjustment in their Rule 155 computations.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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