- 8 - respondent, even if petitioners had offered evidence that the form was mailed, we would be left with the conclusion that the document was lost in transit. In such a case, it is the taxpayer who bears the risk of nondelivery. Walden v. Commissioner 90 T.C. 947, 951-952 (1988); Smith v. Commissioner, T.C. Memo. 1994- 270, affd. without published opinion 81 F.3d 170 (9th Cir. 1996). The Court holds that the preponderance of the evidence supports respondent's determination that petitioners are not entitled to deduct losses from an S corporation for 1997 and 1998. Operation as a Proprietorship Petitioners' primary argument is that the deductions claimed on their returns as losses from an S corporation on Schedules E should really have been reported as business expenses on Schedules C. They argue that Cactus Quail was not a corporation at all during the years at issue and that the bed and breakfast expenses were therefore incurred by and are deductible by them personally. The Court will assume, without deciding, that petitioners did operate as a proprietorship during 1997 and 1998 and would be entitled to deduct business expenses on Schedules C. Deductions, however, are a matter of legislative grace, and taxpayers bear the burden of proving their entitlement to any deduction claimed. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); NewPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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