- 5 - reported gross receipts from this activity in the amount of $3,121 and expenses of $7,923. Petitioners also reported wages of $30,322 and total itemized deductions of $13,734. With respect to the itemized deductions, respondent disallowed $4,211 of claimed charitable contribution deductions and $8,173 of miscellaneous itemized deductions. The above adjustments, which caused an increase in the taxable income, resulted in a computational adjustment reducing the earned income credit to zero. Discussion Petitioners, despite having been admonished by the Court, did not present any evidence (documents or testimony) to support entitlement to the claimed deductions. As we have stated on many occasions, deductions are a matter of legislative grace, and a taxpayer bears the burden of proving that he is entitled to any deductions claimed. See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). To the extent that petitioner suggests that the IRS does not have the power to examine tax returns or that this Court does not have jurisdiction, we see no need to refute such arguments which have no colorable merit. See Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984). The Court of Appeals for the Third Circuit indicated approval of Crain v. Commissioner in Sauers v. Commissioner, 771 F.2d 64, 67 (3d Cir. 1985), affg. T.C. Memo. 1984-367; see also Matthews v.Page: Previous 1 2 3 4 5 6 7 Next
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