- 4 - in his petition that he sustained capital losses in prior years that would offset his net income during 2000. In his testimony, petitioner acknowledged that, during 2000, he received other payments for services performed in his business activity, as to which no information returns were filed by such payers with the Internal Revenue Service. These additional payments were not included as income on petitioner's 2000 income tax return. Petitioner did not indicate in his testimony the amounts of these additional payments, nor did respondent pursue the matter. Deductions are a matter of legislative grace. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). The taxpayer bears the burden of proof, which means the presentation of adequate documentation to support the deductions claimed on tax returns. Rule 142; Welch v. Helvering, 290 U.S. 111, 115 (1933). It is also the taxpayer's responsibility to maintain records sufficient to enable the Commissioner to determine the correct tax liability. Sec. 6001; Higbee v. Commissioner, 116 T.C. 438 (2001); sec. 1.6001-1(a), Income Tax Regs. The taxpayer must substantiate both the amount and purpose of the claimed deductions. Higbee v. Commissioner, supra.2 2 Sec. 7491, under certain circumstances, places the burden of proof on the Commissioner in connection with proceedings arising from the examination of returns that commenced after July 22, 1998. Although it is obvious that petitioner's 2000 return was examined after July 22, 1998, the applicability of sec. 7491 in shifting the burden to the (continued...)Page: Previous 1 2 3 4 5 6 7 Next
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