- 4 - of their child and to take possession of the house, and with respect to a criminal action against petitioner which was ultimately dismissed. A letter dated July 8, 1988, reflects that petitioner paid a total of $4,312.10 in legal fees to LaBarre & LaBarre, a law firm, and owed an additional $2,187.90. The letter reflects the following services were rendered: SERVICES - State v. Swain (First Trial) $2,500 Per Agreement SERVICES - State v. Swain (Second Trial) $2,500 SERVICES - Chancery Contempt Proceedings $1,500 $6,500 Petitioner wrote at the bottom of this letter "Paid in 1989", and "$7,500 to Vance in 1989". A canceled check dated March 20, 1989, in the amount of $750 reflects that the check was in payment of a "Chancery Contempt Case". OPINION At the outset, we note that respondent's determinations are presumed correct, and petitioner bears the burden of proving that those determinations are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). In addition, deductions are a matter of legislative grace, and petitioner bears the burden of proving that he is entitled to the claimed deductions. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). 1. The Home Office Deduction Section 280A(c) permits the deduction of expenses allocable to a portion of the dwelling unit that is used exclusively and onPage: Previous 1 2 3 4 5 6 7 8 9 Next
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