- 39 - devoid of any evidence that any of these expenses satisfy the heightened substantiation requirements of section 274(d). We hold for respondent on this issue. C. Rent Expenses Respondent contends that, under section 162(a), petitioner is not entitled to the disputed rent business expenses deduction because petitioner has failed to substantiate that the expenses (1) were incurred and (2) were ordinary and necessary expenses of petitioner’s trade or business. Petitioner maintains that the requirements of section 162(a) are satisfied. We agree with respondent. A taxpayer seeking a deduction has the burden of overcoming the presumption of correctness that attaches to the Commissioner’s factual determinations in the notice of deficiency. See Rule 142(a); New Colonial Ice Co. v. Helvering, supra; Welch v. Helvering, supra. Section 162(a) allows a deduction for “all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”. See, e.g., Lucas v. Commissioner, supra. Under section 6001 and section 1.6001-1(a) and (e), Income Tax Regs., a taxpayer must keep such permanent books of account or records as are sufficient to establish the amount of gross income, deductions, credit, or other mattersPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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