- 14 - year 1991 that ultimately results in a net operating loss carryover deduction for the year 1992; respondent disagrees on virtually every point. Neither party makes a distinction between the portion of the $475,000 in unpaid advances represented by notes and the remaining portion.4 But for the advances evidenced by the notes, there is little, if any, evidence in the record regarding the details of any other transaction(s) that account for the $155,000 difference between the face value of the notes and the stipulated amount of the unpaid advances. As we have often stated, deductions are a matter of legislative grace. A taxpayer who claims a deduction must identify the specific statute that allows for the deduction and demonstrate that all of the requirements of the statute have been satisfied. 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). Having provided the Court with virtually no information regarding $155,000 of the amount here in dispute, petitioners have failed to establish that the requirements of section 166 have been satisfied with respect to that amount. On 4The parties stipulated that as of Nov. 1, 1991, "the petitioner had unpaid advances to the corporation totaling $475,000". The preamble to the stipulation states that respondent "does not stipulate and agree by the use of the terms 'note,' 'loan,' or 'advance' in this stipulation or annexed exhibits that amounts paid to or on behalf of * * * [BCBI] by petitioner * * * constituted loans for federal income tax purposes."Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011