- 10 - statutory presumption that he signed the 1995 return.6 We turn next to petitioner’s contention that respondent erred in determining to include in petitioner’s income a State income tax refund of $2,932 that he had deducted in a prior year. The record contains no evidence to support that contention other than petitioner’s self-serving testimony, on which we are unwill- ing to rely. On the record before us, we find that petitioner has failed to satisfy his burden to show error in respondent’s determination to include in his income a $2,932 State tax refund. Accordingly, we sustain that determination. We turn now to petitioner’s contentions that respondent erred in determining to disallow (a) the deduction claimed for an alleged NOL carryforward (NOL deduction), (b) the deductions claimed for alleged Schedule C expenses, and (c) $9,934 of the total expenses ($13,834) claimed, before the 2-percent adjust- ment, in the job-expense section of Schedule A. Deductions are strictly a matter of legislative grace, and petitioner bears the burden of proving that he is entitled to any deductions claimed. 6In any event, petitioner conceded at trial that he received $48,328.98 and $10,862.56 of wage income from Wilder and Goodfellow, respectively, and that he earned $165 of taxable interest income, all of which income was reported in the 1995 return. With respect to the $2,501 that was reported in the 1995 return as unemployment compensation, at trial petitioner did not concede or deny that he received such compensation. He testified that he did not know anything about such compensation, including whether or not he received it. On the instant record, we find that petitioner has failed to show that he did not receive the unemployment compensation reported in the 1995 return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011