Daniel R. Allemeier, Jr. - Page 17

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          business.  Petitioner therefore may deduct the amount of MBA                
          tuition expenses that he substantiated.15                                   
          C.   Whether Petitioner Adequately Substantiated Tax Preparation            
               Fees and Unreimbursed Employee Business Expenses                       
               We next address whether petitioner may deduct non-education            
          expenses and tax preparation fees.  Taxpayers do not have an                
          inherent right to take deductions.  Deductions are a matter of              
          legislative grace, and taxpayers must establish their right to              
          take them.  Deputy v. du Pont, 308 U.S. 488, 493 (1940); New                
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                    
          Taxpayers must substantiate any deductions and bear the burden of           
          substantiation.  Hradesky v. Commissioner, 65 T.C. 87, 89-90                
          (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976).                      
               In addition to the substantiation requirements for ordinary            
          and necessary business expenses, taxpayers are subject to more              
          stringent substantiation requirements for certain expenses.  See            
          secs. 162(a), 274(d).  For instance, taxpayers must strictly                
          substantiate the nature and amount of the meal, travel, and                 
          vehicle expenses.  See sec. 274(d).  For these expenses, a                  
          taxpayer must maintain adequate records or produce sufficient               
          evidence to corroborate his or her statements to substantiate the           


               15Our finding pertains only to $15,745 in tuition-related              
          expenses and not $231 in parking fees petitioner associates with            
          his education, which he failed to substantiate.  Petitioner                 
          originally deducted $17,500 in tuition expenses, which respondent           
          later reduced to $15,745, without objection.                                




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