James M. and Karen K. Barton - Page 6

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          certain circumstances, however, if the taxpayer introduces                  
          credible evidence and establishes that he or she substantiated              
          items, maintained required records, and fully cooperated with the           
          Commissioner’s reasonable requests.  Sec. 7491(a)(2)(A) and (B).6           
          The burden does not shift to respondent under section 7491,                 
          however, because we find that petitioner failed to provide                  
          credible evidence, failed to substantiate the claimed expenses,             
          and failed to maintain adequate records.  The burden therefore              
          remains with petitioner.                                                    
               Moreover, deductions are a matter of legislative grace, and            
          the taxpayer bears the burden of proving that he or she is                  
          entitled to any deduction 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).  A taxpayer is generally               
          permitted to deduct all ordinary and necessary expenses paid or             
          incurred in carrying on a trade or business.  See sec. 162(a).              
          In contrast, no deduction is allowed for personal, living, or               
          family expenses.  See sec. 262.                                             
          Substantiation Requirement                                                  
               A taxpayer must substantiate amounts claimed as deductions             
          by maintaining the records necessary to establish that he or she            

               6Sec. 7491 is effective with respect to court proceedings              
          arising in connection with examinations by the Commissioner                 
          commencing after July 22, 1998, the date of enactment of the                
          Internal Revenue Service Restructuring and Reform Act of 1998,              
          Pub. L. 105-206, sec. 3001(a), 112 Stat. 726.                               




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