- 6 - Petitioner never commenced operation of the newsstand. On his "amended return", petitioner reported a net loss of $11,900 for the business. Discussion A. Burden of Proof The Commissioner's determinations are presumed correct, and generally, taxpayers bear the burden of proving otherwise. Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a matter of legislative grace, and taxpayers bear the burden of proving that they are entitled to any deduction claimed. New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); Welch v. Helvering, supra at 115. This includes the burden of substantiation. Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). The burden of proof may shift to the Commissioner under section 7491(a). Because petitioner failed to comply with the requirements of section 7491(a)(2), however, section 7491 is inapplicable. B. Petitioner's Income Pursuant to section 61(a), gross income includes "all income from whatever source derived" unless excludable by a specific provision of the Internal Revenue Code. Petitioner does not dispute that during 2000, he received wages of $73,210, gambling winnings of $4,600, interest income of $298, and nonemployeePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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