- 3 -- 3 - After applying the 2-percent limitation, petitioner and Ms. Barber claimed miscellaneous itemized deductions of $35,790. On their joint 1994 Federal income tax return, petitioner and Ms. Barber reported gross income in the amount of $63,787. Petitioner's share of the gross income was $1,728. The balance of the gross income reported on the joint return was attributable to Ms. Barber. Petitioner and Ms. Barber both signed the joint return. Respondent determined that petitioner is not entitled to the miscellaneous deductions he claimed on his 1994 Federal income tax return. In a related case, Barber v. Commissioner, docket No. 10083-98S, involving the 1994 taxable year, respondent agreed to a reduced deficiency. The reduced deficiency in that case resulted from respondent's concession that Ms. Barber had substantiated claimed job expenses and miscellaneous deductions of $17,091. Accordingly, respondent in this case has conceded that petitioner is entitled to miscellaneous itemized deductions of $17,091. Petitioner has failed to introduce evidence that demonstrates that he is entitled to claim miscellaneous itemized deductions in excess of the amount conceded by respondent. Deductions are a matter of legislative grace. See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435 (1934). A taxpayer bears the burden ofPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011