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his wife. Petitioner’s wife did not join in the petition to this
Court.
As we discuss below, petitioner refers to the fact that his
19 year old son, Willie Banks, Jr., was murdered in a drive-by
shooting.
Deductions are strictly a matter of legislative grace.
INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New
Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).
Taxpayers must substantiate claimed deductions. Hradesky v.
Commissioner, 65 T.C. 87, 89 (1975), affd. per curiam 540 F.2d
821 (5th Cir. 1976). Section 7491 does not change the burden of
proof where a taxpayer has failed to substantiate deductions.
Higbee v. Commissioner, 116 T.C. 438 (2001). Moreover, taxpayers
must keep sufficient records to establish the amounts of the
deductions. Meneguzzo v. Commissioner, 43 T.C. 824, 831 (1965);
sec. 1.6001-1(a), Income Tax Regs.
Generally, except as otherwise provided by section 274(d)
which is not applicable in this case, when evidence shows that a
taxpayer incurred a deductible expense, but the exact amount
cannot be determined, the Court may approximate the amount,
bearing heavily if it chooses against the taxpayer whose
inexactitude is of his own making. Cohan v. Commissioner, 39
F.2d 540, 543-544 (2d Cir. 1930). The Court, however, must have
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