Robin A. and Susan D. Bettencourt - Page 6

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          chargeable to capital.  The cost of improvements and betterments            
          made to a taxpayer’s property are among the items properly                  
          chargeable to capital.  Sec. 1.1016-2(a), Income Tax Regs.                  
          Renovations to a property and legal fees paid in defense of title           
          have long been accepted as capital expenditures.  Woodward v.               
          Commissioner, 397 U.S. 572 (1970); LaPoint v. Commissioner, 94              
          T.C. 733 (1990).                                                            
               A taxpayer is required to keep permanent books of account or           
          records that are sufficient to establish the amount of gross                
          income, deductions, and other information required to be shown on           
          an income tax return.  Sec. 6001; sec. 1.6001-1(a), Income Tax              
          Regs.  The Commissioner’s determination is presumed correct; the            
          burden is on the taxpayer to substantiate any basis increase                
          beyond what is determined by the Commissioner.  Rule 142(a);                
          Welch v. Helvering, 290 U.S. 111, 115 (1933); Knauss v.                     
          Commissioner, T.C. Memo. 2005-6; see supra note 4.                          
               Petitioners reported the following amounts as capital                  
          expenditures which increased petitioners’ basis in the residence:           
















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