- 6 - matter of legislative grace, and petitioner bears the burden of proving his entitlement to any deduction claimed. 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). Petitioner's burden includes the requirement that he substantiate any deductions claimed. Hradesky v. Commissioner, 65 T.C. 87 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). Section 274(d)(4) provides that no deduction shall be allowed with respect to any listed property, defined in section 280F(d)(4)(A) to include passenger automobiles, unless the taxpayer meets strict substantiation rules. However, section 280F(d)(5)(B) provides that the term "passenger automobile" does not include any vehicle used by the taxpayer directly in the trade or business of transporting persons or property for compensation or hire. Since petitioner's claimed deductions are for his use of passenger automobiles as taxicabs, section 274(d)(4) is not applicable in this case. Notwithstanding the nonapplicability of section 274(d)(4), petitioner failed to present any records that show that he is entitled to business expense deductions with respect to his taxicabs in excess of the amounts allowed by respondent. The only receipts provided by petitioner are for repairs made to his taxicab during 1993. Such receipts are partially illegible and do not exceed the amount allowed by respondent. Petitioner has failed to meet his burden of proof on this issue. Rule 142(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011