George Tsakopoulos and Drousoula Tsakopoulos - Page 23




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               Deductions are a matter of legislative grace, and petitioner           
          bears the burden of proving that he is entitled to the deductions           
          claimed.  Rule 142(a); New Colonial Ice Co. v. Helvering, 292               
          U.S. 435, 440 (1934).  The taxpayer bears the burden of                     
          substantiating the amount and purpose of the item for the claimed           
          deduction.  See Hradesky v. Commissioner, 65 T.C. 87, 90 (1975),            
          affd. per curiam 540 F.2d 821 (5th Cir. 1976).                              
               Petitioner testified that he could not obtain the invoices             
          from Royal Roofing; he did not testify as to the purpose of the             
          payment.  Mr. Cox, petitioner’s expert, testified that Royal                
          Roofing performed the work because “someone” had told him that              
          Royal Roofing had done the work.  Mr. Cox did not talk to Royal             
          Roofing or see any invoices or proposals from Royal Roofing.                
          Accordingly, we do not place any weight on Mr. Cox’s testimony              
          regarding Royal Roofing.                                                    
               Petitioner has not established that the payment to Royal               
          Roofing was a business expense.  Accordingly, we sustain                    
          respondent’s determination on this issue.                                   
          IV. Payment of Real Estate Taxes on Calvine 120/140                         
               Respondent argues that petitioner must capitalize the real             
          estate taxes paid in 1995 on the Calvine 120/140 property                   
          because, at the time they were incurred, it was reasonably likely           
          that petitioner would subsequently develop this property.                   
          Petitioner counters that he is entitled to deduct the real estate           
          taxes because section 263A does not apply.  Petitioner contends             







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