- 10 - B. Schedule C and Schedule E Deductions 1. General Principles Deductions are strictly a matter of legislative grace, and a taxpayer bears the burden of proving his or her entitlement to the deductions claimed. Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).6 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). Section 6001 further requires taxpayers to maintain books and records sufficient to substantiate the amounts of the deductions claimed. Sec. 6001; sec. 1.6001-1(a), (e), Income Tax Regs. If a taxpayer is unable to fully substantiate the expenses incurred, but there is evidence that deductible expenses were incurred, the Court may nevertheless allow a deduction based upon an approximation of expenses. Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). The estimate, however, must have a reasonable evidentiary basis, Vanicek v. Commissioner, supra, and there must 6 The burden of proof does not shift to respondent under sec. 7491(a) because petitioner failed to establish that he complied with the requirements of sec. 7491(a)(2)(A) and (B) to substantiate items, maintain records, and fully cooperate with respondent’s reasonable requests. We note that petitioner stated at trial that he “did not come prepared to address those” deductions. We find that statement remarkable considering that the amount of the deductions claimed was a substantial part of his revised Form 1040.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011