Lorianne Blake - Page 7

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          for 1998 and 1999 totaled $2,370 and $2,346, respectively.                  
          Petitioner claimed mortgage interest deductions in these amounts            
          on her 1998 and 1999 Schedules C.  Respondent disallowed these              
          amounts in full.                                                            
                                     Discussion                                       
               Deductions are a matter of legislative grace, and the                  
          taxpayer bears the burden of proving the entitlement to any                 
          deductions claimed.  See INDOPCO, Inc. v. Commissioner, 503 U.S.            
          79, 84 (1992).  Taxpayers generally bear the burden of proving              
          that the Commissioner’s determinations are incorrect.  Rule                 
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  The                  
          resolution of the issues in this case does not depend on which              
          party has the burden of proof.  The Court resolves these issues             
          on the preponderance of evidence in the record.  Therefore                  
          section 7491 does not apply here.                                           
          1.   Product-Related Expenses                                               
               Section 162(a) allows a taxpayer deductions for ordinary and           
          necessary business expenses incurred during the taxable year in             
          carrying on a trade or business.  Generally, a taxpayer must                
          establish that deductions taken pursuant to section 162 are                 
          ordinary and necessary business expenses and must maintain                  
          records sufficient to substantiate the amounts of the deductions            
          claimed.  Sec. 6001; sec. 1.6001-1(a), Income Tax Regs.                     








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