Hung N. Nguyen - Page 11

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          Cir. 1991), affg. an unpublished decision of this Court; Sher v.            
          Commissioner, supra at 134-135; see sec. 7430(c)(7)(A).                     
          Ordinarily, we consider the reasonableness of each of these                 
          positions separately in order to allow the Commissioner to change           
          his position.  Maggie Mgmt. Co. v. Commissioner, supra at 442               
          (citing Huffman v. Commissioner, 978 F.2d 1139, 1144-1147 (9th              
          Cir. 1992), affg. in part and revg. in part on another ground               
          T.C. Memo. 1991-144).  In the present case, however, we need not            
          follow this approach because respondent’s position was                      
          essentially the same in the administrative and court proceedings.           
          See Maggie Mgmt. Co. v. Commissioner, supra at 442.  More                   
          specifically, respondent’s position was that petitioner had                 
          failed to substantiate his entitlement to head of household                 
          filing status (and the standard deduction for that filing status)           
          and dependency exemption deductions, earned income credit, and              
          child tax credit in respect of his children.                                
               Deductions and credits are matters of legislative grace.               
          New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934);                
          Segel v. Commissioner, 89 T.C. 816, 842 (1987).  The same may be            
          said of a tax-favored filing status such as head of household.              
          See D’Anjou v. Commissioner, T.C. Memo. 1992-138.  Taxpayers are            
          required to substantiate the deductions and credits that they               
          claim by maintaining records necessary to establish both the                
          taxpayers’ entitlement to such items and the proper amount                  






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