Frank Shih, Jr. - Page 6

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          expenses to the rental use of the San Bruno residence, the                  
          expenses reflected on the Schedule E were paid or incurred by               
          petitioner during 1991 for the purposes indicated.                          
               In the notice of deficiency respondent determined that the             
          above-listed deductions were limited to the rental income                   
          reported on the Schedule E and adjusted petitioner's 1991 taxable           
          income accordingly, explaining:                                             
                    It is determined that the $22,594 rental loss                     
               claimed on your 1991 return is not allowable.  * * *                   
               section 280A limits rental expenses to rental income on                
               rental use of personal residences when the rental use                  
               exceeds 15 days.  The balance of the mortgage interest                 
               and real estate taxes have been allowed as deductions                  
               on Schedule A.                                                         
          Discussion                                                                  
               As we have often stated, deductions are a matter of                    
          legislative grace, and a taxpayer claiming a deduction must prove           
          entitlement to it.  Rule 142(a); New Colonial Ice Co. v.                    
          Helvering, 292 U.S. 435, 440 (1934).  Such proof includes                   
          establishing that any and all of the statutory requirements                 
          necessary for the allowance of the deduction claimed have been              
          satisfied.                                                                  
               The type of deductions claimed on petitioner's Schedule E              
          are generally allowable under section 162(a) or section 212(1).             
          Regardless of which section is applicable, a distinction that is            
          unimportant here, because petitioner used the San Bruno residence           
          as his residence during 1991, the deductions claimed on the                 
          Schedule E are subject to section 280A(a), which states that,               




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