- 26 - III. Schedule C Deductions Income tax deductions are a matter of legislative grace, and the burden of clearly showing the right to the claimed deduction is on the taxpayer. See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). Moreover, deductions are strictly construed and allowed only “‘as there is a clear provision therefor.’” Id. (quoting New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934)). Taxpayers must substantiate any deductions claimed. See Hradesky v. Commissioner, 65 T.C. 87 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). Section 6001 provides that a taxpayer must keep records that suffice to establish the amount of the claimed deductions. Section 162(a) allows a deduction for all ordinary and necessary business expenses paid or incurred during the taxable year in carrying on a trade or business. In the instant case, petitioner claimed Schedule C deductions of $27,732 and $35,718, respectively, on his 1991 and 1992 Federal income tax returns. At trial, however, he failed to produce any records to support these deductions. Moreover, his income tax returns give us ample 10(...continued) 1.111-1(b)(2)(ii)(b), Income Tax Regs. Under these regulations, the $1,753 recovery exclusion might have been reduced for 1991 if carryovers from 1989 and 1990 had been given effect. However, we have sustained respondent’s disallowance of such carryovers and thus they do not affect the amount of the recovery exclusion in this instance.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011