- 7 - than Schedule A. Petitioner was allowed the standard deduction under section 63(c) instead of the claimed itemized deductions. Petitioner’s Schedule C expenses as reported on the original return were adjusted to allow $50 for meals, $1,500 for car and truck expenses (calculated by multiplying the standard mileage rate by 5,000 miles), $100 for travel expenses, $756 for memberships, and $500 for parking. Respondent disallowed all of petitioner’s charitable contributions. The remainder of petitioner’s Schedule C expenses was not adjusted. Respondent determined $1,713 for self-employment tax and allowed a corresponding deduction for one-half of that tax. Respondent also determined the addition to tax under section 6651(a)(1). Deductions are a matter of legislative grace, and the taxpayer bears the burden of proving entitlement to any deductions claimed. Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). The taxpayer is required to identify each deduction available and show that all requirements have been met. New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). It is also the taxpayer’s responsibility to maintain records sufficient to enable the Commissioner to determine the correct tax liability. Sec. 6001; sec. 1.6001-1(a), Income Tax Regs.; Higbee v. Commissioner, 116 T.C. 438 (2001). The taxpayer must substantiate both the amount and purpose of claimed deductions. Higbee v. Commissioner, supra. Moreover, the burdenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011