- 23 - 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 contendsPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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