- 7 - also determined that petitioner is liable for his taxable year 1999 for the accuracy-related penalty under section 6662(a). OPINION Petitioner bears the burden of proving that the determina- tions in the notice are erroneous.3 Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a matter of legislative grace, and petitioner bears the burden of proving entitlement to any deduction claimed. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). Petitioner was required to maintain records sufficient to establish the amount of any deduction claimed. Sec. 6001; sec. 1.6001-1(a), Income Tax Regs. $5,000 Claimed Legal Expense It is petitioner’s position4 that he is entitled to deduct in the 1999 Schedule C the $5,000 claimed legal expense. A taxpayer is entitled to deduct under section 162(a) expenses for legal fees “if the suit against the taxpayer ‘arises in connection with’ or ‘proximately results from’ the taxpayer’s business or profit-seeking activity. United States v. Gilmore, 372 U.S. 39, 48 (1963); Kornhauser v. United States, 276 U.S. 3Petitioner does not claim that the burden of proof shifts to respondent under sec. 7491(a). In any event, petitioner has failed to establish that he satisfies the requirements of sec. 7491(a)(2). On the record before us, we find that the burden of proof does not shift to respondent under sec. 7491(a). 4Although the Court ordered petitioner to file a posttrial brief, he failed to do so.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007