- 7 - Respondent has since conceded that petitioner may also deduct as itemized deductions mortgage interest of $24,503 for 1992 and taxes of $5,834, $5,955, and $6,141 for 1990 through 1992, respectively. OPINION Petitioner must prove that respondent's determinations contained in the notices of deficiency are incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner also must prove his entitlement to any deduction challenged by respondent. New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Deductions are strictly a matter of legislative grace, and petitioner must present to the Court sufficient evidence to substantiate any deduction that is allowed by the Code. Sec. 6001; New Colonial Ice Co. v. Helvering, supra at 440. With these basic principles in mind, we turn to the issues at hand. We address those issues seriatim. 1. Self-Employment Income Respondent determined through a bank deposits analysis that petitioner had unexplained bank deposits in the amounts set forth above. Respondent asserts that those unexplained deposits constitute unreported income from petitioner’s backhoe work and land-clearing services. When a taxpayer such as petitioner fails to keep adequate books and records, section 446(b) authorizes the Commissioner toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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