Jack H. Meyer - Page 6

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          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. 72            






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