Timothy J. Burke - Page 15

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          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 the                






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