Michael Chin and Julie Hedrich Chin - Page 7




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          called for petitioner’s brother to perform cosmetology services             
          and to refer his clients to petitioner for sclerotherapy                    
          treatment of varicose veins.                                                
               Petitioner argues that he conducted his medical practice at            
          the Sherman Oaks Property as a part of the business activity of             
          the Skin Service Club.  Petitioner further argues that, despite             
          the fact that the Skin Service Club is a corporation,                       
          petitioner’s rent payments for the years at issue were deductible           
          on petitioner’s Schedule C as ordinary and necessary business               
          expenses relating to petitioner’s personal medical practice.  On            
          the other hand, respondent argues that petitioner was not                   
          involved in any business activity at the Sherman Oaks Property              
          during the years at issue, and therefore petitioner’s rent                  
          payments were not incurred to carry on a trade or business under            
          section 162.  Respondent further argues that the rent payments              
          were in actuality a redistribution of income from petitioner, who           
          was in the highest tax bracket, to his mother, who was in a lower           
          tax bracket.  We agree with respondent.                                     
               We note that a “deduction is a matter of legislative grace             
          and that the burden of clearly showing the right to the claimed             
          deduction is on the taxpayer.”4  INDOPCO, Inc. v. Commissioner,             
          503 U.S. 79, 84 (1992); see also Rule 142(a).  Therefore,                   

               4 The examination commenced before July 22, 1998.                      
          Accordingly sec. 7491 burden of proof and production standards              
          are not applicable.  See sec. 7491.                                         






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