Samuel A. Cole - Page 12

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               The burden of showing a right to a claimed deduction rests             
          with the taxpayer.  INDOPCO, Inc. v. Commissioner, 503 U.S. 79,             
          84 (1992); see also Banker v. Commissioner, T.C. Memo. 1999-351.            
          The taxpayer must establish that the expenses deducted are                  
          ordinary and necessary and must maintain records sufficient to              
          substantiate the amounts of the deductions claimed.  Sec. 6001;             
          sec. 1.6001-1(a), Income Tax Regs.  If the taxpayer does not                
          retain the required records, the burden of proof does not shift             
          to respondent.  Sec. 7491(a)(2)(A) and (B).                                 
               Petitioner claimed deductions for advertising expenses, bad            
          debt expenses, car and truck expenses, mortgage interest, repairs           
          and maintenance expenses, and supplies expenses on his Schedule C           
          in 2001.  Petitioner provided no substantiation for any                     
          advertising, bad debt, repairs and maintenance, or supplies                 
          expenses.  Therefore, petitioner is not allowed to deduct any of            
          these claimed expenses on his Schedule A for 2001.                          
               Petitioner deducted mortgage interest of $14,803 on his                
          Schedule A for 2001 and an additional amount on Schedule C.                 
          Respondent received information returns for petitioner showing              
          total mortgage interest paid of $14,802 and allowed that amount             
          on petitioner’s Schedule A.  Petitioner did not provide any                 
          evidence showing that the deductible amount should be greater               
          than that allowed by respondent.                                            







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