- 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 meaningPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011