Kanhua and Lihying Young - Page 5




                                        - 5 -                                         

          U.S. 111, 115 (1933).  Deductions are a matter of legislative               
          grace, and the taxpayer bears the burden of proving that they are           
          entitled to the claimed deduction.  See Rule 142(a); New Colonial           
          Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                             
               Section 6001 requires that a taxpayer liable for any tax               
          shall maintain such records, render such statements, make such              
          returns, and comply with such regulations as the Secretary may              
          from time to time prescribe.  To be entitled to a deduction,                
          therefore, a taxpayer is required to substantiate the deduction             
          through the maintenance of books and records.  In addition,                 
          section 262 denies a deduction for any personal, living, or                 
          family expenses.                                                            
               2.  Schedule E - Rental Income & Expense                               
               Petitioner testified that the rental income and expenses               
          claimed on Schedule E relate to her business, OMNIX.  She asserts           
          that she conducted economic research and some marketing through             
          OMNIX, which was conducted out of the home owned by both                    
          petitioners.  She testified OMNIX' business office consisted of             
          the entire area in the house with the exception of two bedrooms.            
               Petitioner testified that she charged OMNIX rent in the                
          amount of $1,500 per month ($18,000 annually) for the use of the            
          home.  Petitioner also testified that she would write checks from           
          OMNIX to her husband for the rent.  However, she did not write              
          the checks on a monthly basis, but "maybe altogether one check or           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011