- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011