- 11 - made during 1994 and 1995 with respect to the Paradise Lane property. Respondent disputes that contention. Deductions are strictly a matter of legislative grace, and petitioners bear the burden of proving that they are entitled to the deductions claimed under section 212. See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). In the case of an in- dividual, section 212 allows, inter alia, a deduction for all the ordinary and necessary expenses paid or incurred during the taxable year for the management, conservation, or maintenance of property held for the production of income. See sec. 212(2). The dispute between the parties is whether petitioners held the Paradise Lane property during the years at issue for the production of income within the meaning of section 212(2). On the record before us, we find that petitioners have failed to show that that property was held for the production of income within the meaning of that section. We further find on that record that petitioners have failed to establish that they are entitled under section 212 to the deductions that they are claiming for the years at issue.4 4Assuming arguendo that petitioners had established that the Paradise Lane property was held for the production of income during 1994 and 1995, on the record before us, we find that petitioners have failed to show that certain of the expenditures incurred during those years do not constitute capital expendi- tures that may not be deducted in their entirety for those years.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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