- 7 - expense). Petitioners argue that their business expenses are established by the more than 1,000 canceled checks presented by petitioner at the audit level and by the fact that the deductions in issue were allowed by respondent in the 30-day letter. Deductions are a matter of legislative grace, and petitioners bear the burden of proving that they are entitled to the deductions claimed except as to increased deficiencies. Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435 (1934). Taxpayers must keep sufficient records to establish the amount of their deductions. See sec. 6001; Meneguzzo v. Commissioner, 43 T.C. 824, 831-832 (1965); sec. 1.6001-1(a), Income Tax Regs. Moreover, a taxpayer who claims a deduction bears the burden of substantiating the amount and purpose of the item claimed. Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976); sec. 1.6001-1(a), Income Tax Regs. In the instant case, petitioners provided no books, records, or checks substantiating the disallowed business expenses. As to the checks petitioner claims to have presented at the audit level, we decide petitioners' tax liability on the evidence produced at trial and not a previous record developed at the administrative level. Greenberg's Express, Inc. v. Commissioner, 62 T.C. 324, 328 (1974), and case cited therein. Accordingly, on the basis of the record in the instant case, we conclude that petitioners have not carried their burden of substantiating thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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