- 15 - Mr. Lavallee himself. In addition, Mr. Conner never disputed these adjustments during his discussions with respondent. Deductions from gross income are a matter of legislative grace, and taxpayers bear the burden of proving that they are entitled to the deductions they claim. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). This includes the burden of substantiation. Hradesky v. Commissioner, 65 T.C. 87, 89-90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). Taxpayers are required to maintain records sufficient to establish the amounts of their deductions. Sec. 6001. Following our review of the record, we conclude that petitioners have not proven that respondent's position was not substantially justified. Rule 232(e). We have reviewed Office Auditor Barrow's workpapers and find her adjustments to be justified given the information available. In addition, we note that respondent provided petitioners with Forms 4549 for 1985, 1986, and 1987, which contained the proposed adjustments made by Office Auditor Barrow. Respondent requested that petitioners respond to the proposed adjustments, and she informed petitioners that they could have their case reviewed by respondent's Appeals Office. Moreover, after petitioners' daughter-in-law advised respondent that petitioners wanted their case sent to Appeals, Appeals Officer Holder attempted to schedule two Appeals conferences with them. Petitioners did not attend either conference, nor did they ever attempt to arrange another meetingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011