- 15 - petitioner argues: “The partnership received deposits. To have income the tests established by the Courts, the Internal Revenue Code and the regulations must be met. As is detailed in Petitioner’s memorandum those tests were not met.” Petitioner’s burden on summary judgment is to set forth specific facts which show that a genuine question of material fact exists. See Grant Creek Water Works, Ltd. v. Commissioner, 91 T.C. at 325; Casanova Co. v. Commissioner, 87 T.C. at 217. Petitioner does not dispute the facts pertinent to the calculation of his distributive share of the partnership’s income for the year in issue. Rather, petitioner argues that the deposits to the partnership’s account for that year are not income to him as a matter of law. As we discussed above, a partner must include his distributive share of partnership income whether or not it is distributed to him. Accordingly, we conclude that respondent is entitled to summary judgment on the issue of the calculation of petitioner’s distributive share. 3. Whether Petitioner May Deduct Certain Business Expenses Deductions are a matter of legislative grace. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). The taxpayer bears the burden of proving he is entitled to deductions and must present adequate documentation to support any deductions claimed. Welch v. Helvering, 290 U.S. 111, 115 (1933); see also Nowland v. Commissioner, 244 F.2d 450, 453 (4th Cir. 1957) (holding thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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