- 5 - burden of proving otherwise. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are strictly a matter of legislative grace, and petitioner bears the burden of proving her 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). Section 162(a) allows a deduction for the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. Although we will address each of petitioner's claimed business expense deductions separately, infra, we generally find that petitioner's testimony was entirely credible and do not hesitate to rely on it. Petitioner appeared at trial in possession of well-organized written documentation of all of the claimed expenses. In our view, respondent's counsel accepted her testimony as adequate substantiation in light of his repeated failure to ask her to corroborate her testimony with documentary evidence. Moreover, the statutory notice of deficiency does not reveal respondent's basis for the blanket disallowance of the claimed deductions. Significantly, respondent's counsel was unable to state, at trial, whether or not substantiation of the amounts claimed was an issue in the case. We, therefore, only address the question of whether she is entitled to deductions for the amounts paid.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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