- 20 - proximately from the taxpayer’s trade or business. Peters, Gamm, West & Vincent, Inc. v. Commissioner, T.C. Memo. 1996-186. Deductions are a matter of legislative grace, and petitioner bears the burden of proving that he is entitled to the deductions claimed. Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). At trial, petitioner presented testimony substantiating legal expenses in connection with his ownership of the restaurants of $1,464, $8,006, $8,267, and, $3,000 for the tax years 1987, 1988, 1989, and 1990. Petitioner incurred the legal expenses defending his business from creditors' suits. Accordingly, petitioner is entitled to deduct legal expenses in the above-listed amounts. We reach a different result with respect to the $3,524 in medical expenses that petitioner claimed on his 1990 return for amounts paid on behalf of his mother. Since we have determined that petitioner's mother is not a dependent of petitioner, petitioner is not entitled to deduct medical expenses paid on her behalf. Sec. 213(a). Therefore, we sustain respondent's determination with respect to this issue. Issue 7. Fraud Additions to Tax and Penalty Finally, we consider whether any part of the underpayment of tax required to be shown on petitioner's returns was due to fraud. Respondent determined that the underpayment of tax was due to fraud under the statute applicable for each taxable year:Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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