- 3 - 1. Respondent determined that petitioner had received State income tax refunds in the amounts of $424 and $464 in 1992 and 1993, which petitioner failed to report. 2. Respondent disallowed $16,449 and $16,439, respectively, for the years 1992 and 1993 on account of Schedule C business- related deductions by petitioner. 3. With respect to petitioner's itemized deductions under Schedule A on the returns in issue, respondent disallowed $28,985 for 1992 and $28,526 for 1993 on account of deductions other than State income taxes paid by petitioner in those years, which respondent allowed. Where the Commissioner has made a determination of deficiency in income tax against a taxpayer, such as here, regarding his income for a given year, the burden of proof on each issue determined by the Commissioner is on the taxpayer. The Commissioner's determination of the deficiencies is presumably correct. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Furthermore, deductions from income are strictly a matter of legislative grace, and the taxpayer bears the burden of proving entitlement to all deductions claimed. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435 (1934). So far as respondent's determination of deficiencies is concerned, based upon income and deductions as reported and/orPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011