Nicholas A. and Marjorie E. Paleveda - Page 7

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          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 the             




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