- 4 - to substantiate his claimed deductions, in excess of those allowed by respondent, and that petitioner was liable for section 6662(a) accuracy-related penalties due to substantial understatements of income tax. Discussion The Commissioner’s determinations are presumed correct, and generally taxpayers bear the burden of proving otherwise.1 Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933). Tax deductions are a matter of legislative grace with a taxpayer bearing the burden of proving entitlement to the deductions claimed. Rule 142(a)(1); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). Section 162 allows a deduction for “all ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”. Taxpayers bear the burden of substantiating the amount and purpose of any claimed deduction. See Hradesky v. Commissioner, 65 T.C. 87, 89-90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). A taxpayer is required to maintain sufficient records to establish that he is entitled to the claimed deductions. Sec. 6001; Higbee v. Commissioner, 116 1Petitioner has not raised the issue of sec. 7491(a), which shifts the burden of proof to the Commissioner in certain situations. This Court concludes that sec. 7491 does not apply because petitioner has not produced any evidence that establishes the preconditions for its application.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011