Carolyn B. Cooper - Page 9




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          question."  Simpson Financial Services, Inc. v. Commissioner,               
          T.C. Memo. 1996-317.  We have stated on many occasions that                 
          deductions are strictly a matter of legislative grace.  INDOPCO,            
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice              
          Co. v. Helvering, 292 U.S. 435, 440 (1934).  Taxpayers must                 
          substantiate any deductions claimed through sufficient records.             
          Sec. 6001; Hradesky v. Commissioner, 65 T.C. 87 (1975), affd. per           
          curiam 540 F.2d 821 (5th Cir. 1976).                                        
               Respondent's position was based on the examination of                  
          petitioner's return.  In the notice of deficiency issued to                 
          petitioner following the examination, respondent allowed $5,919             
          of the claimed $23,276 in deductions.  The difference of $17,357            
          was disallowed because of petitioner's failure to substantiate              
          the remaining items on her return.                                          
               This was only a substantiation case.  Although petitioner              
          repeatedly stated in her petition that she had additional                   
          documents or adequate evidence to substantiate the claimed                  
          deductions, there is no evidence in the record that suggests that           
          the necessary documents were available to respondent until                  
          approximately 7 months after respondent filed the answer.  Prior            
          to the issuance of the notice of deficiency, petitioner admitted            
          in her August 21, 1996 letter to respondent that "most of my                
          original expenditure documents have been misplaced or destroyed             
          * * * .  Therefore, I must rely on your reasonable judgment by              
          extrapolating from documents enclosed and professional                      



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