- 5 - Petitioners failed to provide substantiation for any of the claimed expenses that respondent disallowed. During trial, petitioners did not provide any testimony or written documentation for substantiation purposes. Further, we find that petitioners put forth little effort in trying to obtain the required documentation since they became aware of the deficiency more than 2 years ago. As a result, we hold that petitioners are not entitled to claim the disputed expenses as deductions. In light of the lack of evidence on the record substantiating any of petitioners’ claimed expenses, we also hold that petitioners are not entitled to exclude the disputed expenses from income. II. State Income Tax Refund Generally, if an amount was deducted on a prior year’s tax return which resulted in a reduction of tax and a tax benefit to the taxpayer, a subsequent recovery by the taxpayer of such amount must be included in gross income in the year the recovery is received. Sec. 111(a); Kadunc v. Commissioner, T.C. Memo. 1997-92. Therefore, gross income includes a refund of State income tax in the year received to the extent that the payment of such tax was claimed as a deduction in a prior taxable year which resulted in a reduction of Federal income tax. See Kadunc v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 Next
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