- 11 - language and purpose of recordkeeping for contributions in excess of $250. We find that petitioner is not entitled to a charitable contribution deduction. Education Loan Interest Deduction Under Section 221 Deductions are a matter of legislative grace, and the taxpayer bears the burden of proving the entitlement to any deduction claimed. See Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). A taxpayer is required to maintain records sufficient to establish the amount of his or her income and deductions. Sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs. Section 221(a) provides that a deduction is allowed for an amount equal “to the interest paid by the taxpayer * * * on any qualified education loan.” Section 221(d) defines a “qualified education loan” as “any indebtedness incurred by the taxpayer solely to pay qualified higher education expenses”. The only documentary evidence concerning the alleged educational loan is a letter from the Cooperative Rabobank West- Zeeuws-Vlaanderen U.A. addressed to P.A.E.L. Weyts (we assume petitioner) in Brugge, Belgium, stating that the interest paid on the “mortgage loan” in 2000 was EURO 6,197.28 and that the balance of the loan as of January 1, 2001, was EURO 123,946.28. The record does not include the loan agreement or any documentary evidence of when and how, if at all, petitioner paid thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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