Kenneth J. Barela - Page 7

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          conceded that the additions to tax for his 1999 taxable year                
          under sections 6651(a)(1) and 6654 apply to any underpayment                
          finally decided by the Court.                                               
          Itemized and Schedule C Deductions                                          
               In his petition, petitioner contends that respondent’s                 
          adjustments for itemized deductions are incorrect and that                  
          petitioner is entitled to the full amount of deductions claimed.            
          Prior to trial, respondent allowed the following itemized                   
          deductions:                                                                 
               Itemized Deductions                      Amount                        
               Medical and dental                      $7,326                         
               State and local taxes                   1,935                          
               Real estate taxes                       3,119                          
               Other taxes                             1,783                          
               Home mortgage interest                  22,481                         
               Charitable contributions                15,900                         
               Miscellaneous deductions subject                                       
                    to the 2% AGI limitation            13,765                        
                    Total                              $66,309                        
          Petitioner was able to provide substantiation for the above                 
          amounts but did not show entitlement to amounts in excess of the            
          those allowed by respondent.                                                
               Tax deductions are a matter of legislative grace with a                
          taxpayer bearing the burden of proving entitlement to the                   
          deductions claimed.  INDOPCO, Inc. v. Commissioner, 503 U.S. 79,            
          84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440             
          (1934); Rule 142(a)(1).  A taxpayer bears the burden of                     
          substantiating the amount and purpose of any claimed deduction.             





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