Carl F. and Frances R. Butler - Page 8

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          T.C. 143, 168 (2004) (quoting Higbee v. Commissioner, 116 T.C.              
          438, 442 (2001)).  Section 7491(a)(1) applies only if the                   
          taxpayer complies with substantiation requirements, maintains all           
          required records, and cooperates with reasonable requests by the            
          Commissioner for witnesses, information, documents, meetings, and           
          interviews.  Sec. 7491(a)(2).  Although neither party alleges the           
          applicability of section 7491(a), we conclude that the burden of            
          proof has not shifted to respondent with respect to any of the              
          issues in the present case.                                                 
               Moreover, deductions are a matter of legislative grace and             
          are allowed only as specifically provided by statute.  INDOPCO,             
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice              
          Co. v. Helvering, 292 U.S. 435, 440 (1934).                                 
               Section 6001 and the regulations promulgated thereunder                
          require taxpayers to maintain records sufficient to permit                  
          verification of income and expenses.  As a general rule, if the             
          trial record provides sufficient evidence that the taxpayer has             
          incurred a deductible expense, but the taxpayer is unable to                
          adequately substantiate the precise amount of the deduction to              
          which he or she is otherwise entitled, the Court may estimate the           
          amount of the deductible expense, bearing heavily against the               


          1(...continued)                                                             
          evidence the Court would find sufficient upon which to base a               
          decision on the issue in favor of the taxpayer.  See Bernardo v.            
          Commissioner, T.C. Memo. 2004-199.                                          




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