Rockwell Banker - Page 3




                                                                                - 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 of                                                                                        






Page:  Previous  1  2  3  4  5  Next

Last modified: May 25, 2011