Kenneth J. Barela - Page 8

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          See Hradesky v. Commissioner, 65 T.C. 87 (1975), affd. per curiam           
          540 F.2d 821 (5th Cir. 1976).5  A taxpayer is required to                   
          maintain sufficient records to establish the amounts of income              
          and deductions.  Sec. 6001; Higbee v. Commissioner, 116 T.C. 438,           
          440 (2001); sec. 1.6001-1(a), Income Tax Regs.  Therefore,                  
          petitioner must produce evidence that he is entitled to                     
          deductions in excess of what he has thus far been able to                   
          substantiate.                                                               
               At trial, petitioner did not offer evidence supporting his             
          claim for the above-described itemized deductions in excess of              
          those allowed or agreed to by respondent.  See Hradesky v.                  
          Commissioner, supra.  Because petitioner has failed to provide              
          any substantiation to support such itemized deductions in excess            
          of those allowed, we sustain respondent’s position with respect             
          to those itemized deductions.                                               
               Petitioner further contends that he is entitled to increased           
          deductions with regard to his vehicle expenses claimed as a                 
          business deduction on Schedule C of his 1999 return.  At trial,             
          petitioner substantiated by means of documentary evidence amounts           
          in excess of those previously claimed for vehicle expenses.  On             
          his 1999 return, petitioner claimed $3,915 for employee business            
          vehicle expense and $2,194 for his wife’s car and truck expenses.           


               5 No question has been raised with respect to the burden of            
          proof or production under sec. 7491(a).                                     





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