- 8 - employee business expenses, such as workmen's compensation insurance payments, and gasoline and van rental expenses. These deductions are, of course, allowable only to the extent they exceed 2 percent of petitioner's adjusted gross income. Sec. 67(a). Respondent asserts, however, that petitioner is also attempting to characterize loan and cash advance repayments as allowable employee business expenses. Deductions are strictly a matter of legislative grace, and petitioner bears the burden of proving his entitlement to any deductions claimed. Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Petitioner has presented no evidence that amounts listed as "loan payments" are deductible as employee business expenses. Respondent's determinations as to petitioner's employee business expense deductions are therefore sustained. II. Section 6651 Addition to Tax Section 6651(a)(1) imposes a 5-percent addition to tax each month for failure to file a tax return. The addition is not to exceed 25 percent in the aggregate. The statute provides a reasonable cause exception where the taxpayer can prove the failure to file was not due to willful neglect. Sec. 6651(a)(1). Petitioner testified that he did not file a tax return for 1989 because his Form 1099 from Carolina Acoustical designatedPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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