- 8 - 1402(a)(1). Accordingly, we hold that petitioners are not liable for self-employment tax for 1994.3 Claimed Deductions Claimed Deductions Relating to the Ten Parcels Petitioners claimed in their 1994 Schedule C various ex- penses with respect to the activity in which they engaged involv- ing the ten parcels. They did not, however, claim any deprecia- tion with respect to those parcels. In the notice, respondent disallowed the expenses that petitioners claimed in their 1994 Schedule C because they did not establish that those expenses were paid or incurred during 1994 and/or that they were ordinary and necessary expenses within the meaning of section 162(a). Petitioners contend that they are entitled to all of the expenses that they claimed in their 1994 Schedule C except for certain expenses which they have conceded. In addition, they now claim that they are entitled to depreciation for each of the ten parcels in question. Respondent disagrees. Deductions are strictly a matter of legislative grace, and petitioners bear the burden of proving that they are entitled to any deductions claimed. INDOPCO, Inc. v. Commissioner, 503 U.S. 3 In order to resolve the self-employment tax issue presented, we need not decide whether petitioners correctly included the rental payments from the ten parcels in question in their 1994 Schedule C or whether they should have included those payments in Schedule E for that year. That is because, regardless whether petitioners were engaged in an activity during 1994 involving the ten parcels in question that constituted a trade or business, we have found that petitioners were not engaged during that year in a trade or business as real estate dealers.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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