- 6 - and application of funds method. As a result, respondent determined that petitioner failed to report gross income in the amount of $4,578. This amount was calculated as follows: Income: Gross wages1 $8,707 Gross receipts (Schedule C) 8,010 1993 tax refund 198 Total known sources of income $16,915 Expenses:2 Federal taxes withheld 1,668 Schedule C expenses (as verified) 480 Personal living expenses-- Bureau of Labor Statistics3 19,345 Total expenses (21,493) Unreported income 4,578 1 In addition to her Schedule C activities, petitioner worked for Office Depot during the taxable year 1994 and reported wages earned in the amount of $8,707. 2 On Schedule C of her 1994 return, petitioner claimed cost of goods sold in the amount of $7,583. Respondent disallowed petitioner's claimed cost of goods sold, and, accordingly, respondent's reconstruction of petitioner's income does not reflect cost of goods sold. 3 Respondent utilized the average annual expenditures for 1994 for one person, U.S. Department of Labor, Bureau of Labor Statistics. One component of these living expenses is the cost of shelter in the amount of $4,089. OPINION We begin by noting that petitioner bears the burden of proving that respondent's determination is erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a matter of legislative grace, and petitioner bears the burden of proving that she is entitled to anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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