- 5 - of various documents from petitioners, the record was closed by an Order of the Court dated January 22, 2001. Petitioners timely filed their joint 1996 and 1997 Federal income tax returns. Petitioners claimed charitable contribution deductions of $17,212 and $5,020 for 1996 and 1997, respectively. Petitioners reported adjusted gross incomes of $98,782 and $97,960 for 1996 and 1997, respectively. In a notice of deficiency, respondent disallowed petitioners’ deductions for charitable contributions on the ground that petitioners failed to substantiate the claimed contributions. Respondent further determined that a 1996 State income tax refund of $2,552 was includable in their gross income for 1997. 1. Charitable Contributions Deductions are a matter of legislative grace, and a taxpayer bears the burden of proving that he or she is entitled to any deductions claimed. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). A taxpayer is required to maintain records sufficient to establish the amount of his or her income and deductions. Sec. 6001; Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976); sec. 1.6001-1(a), (e), Income Tax Regs.2 2 We note that sec. 7491(a) does not affect the burden of proof where a taxpayer fails to substantiate a deduction. Higbee (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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