- 5 - expenses recharacterized as charitable contributions or with respect to the membership expense which was disallowed. These issues are deemed conceded. Taxpayers generally bear the burden of proving that the Commissioner’s determination is incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Section 7491 does not change the burden of proof where a taxpayer has failed to substantiate deductions. Higbee v. Commissioner, 116 T.C. 438 (2001). Deductions are strictly a matter of legislative grace. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Taxpayers must substantiate claimed deductions. Hradesky v. Commissioner, 65 T.C. 87, 89 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). Moreover, taxpayers must keep sufficient records to establish the amounts of the deductions. Meneguzzo v. Commissioner, 43 T.C. 824, 831 (1965); sec. 1.6001-1(a), Income Tax Regs. Section 162(a) allows a taxpayer to deduct all ordinary and necessary business expenses paid or incurred during the taxable year in carrying on any trade or business. If a taxpayer’s trade or business is that of being an employee, section 162 deductions are subject to the limitations of section 62(a)(1) and are miscellaneous itemized deductions subject to the 2-percent floor. Sec. 67; Alexander v. Commissioner, T.C. Memo. 1995-51, affd. 72Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011