Kenneth D. Shepherd and Martha A. Gregory - Page 4

                                        - 4 -                                         
          carry forward of a capital loss resulting from the 1990 write-off           
          by petitioner wife of petitioner husband's alleged indebtedness             
          to her.                                                                     
               The first issue for decision is whether petitioners are                
          entitled to claim trade or business deductions on their 1991 and            
          1992 returns for expenses allegedly incurred in their research              
          activities.  In the notice of deficiency, respondent disallowed             
          the claimed Schedule C deductions upon the grounds that                     
          petitioners' research activities were not engaged in for profit,            
          and that, with the exception of certain expenses for interest and           
          taxes, petitioners failed to substantiate the claimed deductions.           
               Respondent's determinations are presumed to be correct, and            
          petitioners bear the burden of proving otherwise.  Rule 142(a);             
          Welch v. Helvering, 290 U.S. 111, 115 (1933).  Furthermore,                 
          deductions are strictly a matter of legislative grace, and                  
          petitioners must demonstrate their entitlement to any deductions            
          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).  This includes the requirement that petitioners                 
          substantiate any deductions claimed.  Hradesky v. Commissioner,             
          65 T.C. 87 (1975), affd. 540 F.2d 821 (5th Cir. 1976).                      
               Section 162(a) allows a taxpayer to deduct the ordinary and            
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business.  Whether an activity                     
          constitutes the taxpayer's trade or business within the meaning             




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