William C. Beretta - Page 20

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            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:                            





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