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with regard to an alleged limousine service. Respondent's
determinations carry the presumption of correctness. Michoff,
Jr., must establish that he is entitled to the claimed
deductions. Rule 142(a). Deductions are a matter of legislative
grace; petitioner has the burden of showing that he is entitled
to any deduction claimed. New Colonial Ice Co. v. Helvering, 292
U.S. 435, 440 (1934).
Michoff, Jr., attempts to meet his burden of proof through
his own testimony as well as various receipts. On brief,
Michoff, Jr., had no objection to the following proposed findings
of fact by respondent relating to the receipts:
The receipts are deficient as follows:
a. The copy of the receipt in the amount of
$405.61 does not indicate what it's for, or who issued
it, or when it was made.
b. A receipt in the amount of $18.18 is for the
1988 tax year.
c. A receipt in the amount of $49.19 is for the
1990 tax year.
d. A receipt in the amount of $4.91 is for the
1991 tax year.
e. The All Parts Auto Store receipts, B&M
Automotive Parts receipts, Carl Chevrolet receipts,
Kragen Auto receipts, Checker Schuck's Kragen receipt,
49er Auto Parts invoice, Color-rite Paint Co. invoice,
C&H Paint & Equipment Supply invoice, and Carl
Chevrolet invoice do not indicate whether they are for
a limousine activity or for some other use, such as
personal use.
f. Many of these items are invoices and do not
indicate that payments were made.
g. The Swift Dodge document statement for $250.00
is an invoice and not a receipt.
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