- 3 - Simpson), and $1,064 for a flying lesson. Petitioner asserts that these payments were ordinary and necessary expenses of his computer engineering business. Petitioner has never obtained a pilot's license nor piloted an airplane in carrying on his business. OPINION Petitioner must prove that respondent's determinations set forth in the notice of deficiency are incorrect. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner also must prove his entitlement to any deduction. Deductions are strictly a matter of legislative grace, and petitioner must show that his claimed deductions are allowed by the Code. See also New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Petitioner must maintain sufficient records to substantiate his claimed deductions. See sec. 6001; sec. 1.6001-1(a), Income Tax Regs. Petitioner's burden of proof requires that he introduce sufficient evidence to: (1) Make a prima facie case establishing that respondent committed the errors alleged in the petition and (2) overcome the evidence favorable to respondent. See Lyon v. Commissioner, 1 B.T.A. 378, 379 (1925); see also Lawler v. Commissioner, T.C. Memo. 1995-26. Petitioner relies mainly on his testimony to meet his burden. We find his testimony unpersuasive and incomplete. Petitioner provided no writtenPage: Previous 1 2 3 4 Next
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