- 6 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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