Ragnhild A. Westby - Page 30

                                       - 30 -                                         
          deduction disallowance imposed by section 274(n)(1).  See sec.              
          274(n)(2)(B).  Section 132(e) generally defines the term “de                
          minimis fringe” as “any property or service the value of which is           
          (after taking into account the frequency with which similar                 
          fringes are provided by the employer to the employer’s employees)           
          so small as to make the accounting for it unreasonable or                   
          administratively impracticable.”  See also sec. 1.132-6(a),                 
          Income Tax Regs.                                                            
                    2.  Analysis                                                      
               It is well established that the burden of proof with respect           
          to deductions claimed on a tax return generally rests on the                
          taxpayer.  The general rule was succinctly stated by this Court             
          in Roberts v. Commissioner, 62 T.C. 834, 836 (1974), as follows:            
               Taxpayers have no inherent right to deductions; they                   
               are matters of legislative grace.  Interstate Transit                  
               Lines v. Commissioner, 319 U.S. 590, 593 (1943); New                   
               Colonial Ice Co. v. Helvering, 292 U.S. 435, 440                       
               (1934).  The taxpayer must be able to point to some                    
               particular statute to justify his deduction and                        
               establish that he comes within its terms.  Deputy v.                   
               Dupont, 308 U.S. 488, 493 (1940); White v. United                      
               States, 305 U.S. 281 (1938).  * * *                                    
               In Roberts, the taxpayer argued that the Commissioner’s                
          blanket disallowance of his business expense deductions (and a              
          casualty loss) without benefit of audit was arbitrary and                   
          unreasonable and, therefore, could not form the basis for a                 
          deficiency.  In Roberts, we noted that the Commissioner’s failure           
          to audit the taxpayer’s records was due solely to the latter’s              






Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Last modified: May 25, 2011