- 8 - Expense 1999 2000 Lodging $17,523 $195 Meals and entertainment 5,151 554 Miscellaneous 2,245 -0- Car expenses -0- 1,026 Car lease -0- 437 Total 24,919 2,212 Discussion Generally, the Commissioner’s determinations are presumed correct, and the taxpayer bears the burden of proving that those determinations are erroneous.6 Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a matter of legislative grace, and the taxpayer bears the burden of proving he or she is entitled to any deduction claimed. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934); Welch v. Helvering, supra. This includes the burden of substantiation.7 Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). Section 162(a)(2) allows a taxpayer to deduct traveling expenses, including amounts expended for meals and lodging, that are paid or incurred while “away from home” in the pursuit of a 6 We render a decision on the merits based on the preponderance of the evidence, without regard to the burden of proof under sec. 7491(a). 7 For 1999, respondent determined that petitioner substantiated payment of the deductions at issue. For 2000, we conclude on the basis of the record that petitioner substantiated all of the deductions claimed. Accordingly, substantiation is not in issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011