- 8 - Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a matter of legislative grace, and petitioners 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). A. Petitioners' Schedule C Expenses It is well settled that a corporation is an entity distinct from its shareholders. Moline Props., Inc. v. Commissioner, 319 U.S. 436 (1943); Dalton v. Bowers, 287 U.S. 404, 410 (1932). Furthermore, the business of a corporation is separate and distinct from the business of its shareholders. Moline Props., Inc. v. Commissioner, supra; Deputy v. DuPont, 308 U.S. 488, 494 (1940); Crook v. Commissioner, 80 T.C. 27, 33 (1983), affd. without published opinion 747 F.2d 1463 (5th Cir. 1984). Consequently, a shareholder is not entitled to a deduction for the payment of corporate expenses. Deputy v. DuPont, supra at 494; Hewett v. Commissioner, 47 T.C. 483 (1967). Petitioner incorporated ARA in Indiana in June 1999 and accordingly would not be entitled to deduct ARA's expenses. To the extent that the claimed deductions related to petitioner's employment at the university and IIEM, they were not substantiated, as petitioners failed to substantiate any of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011