McLu Buah and Peter Buah - Page 6




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          the burden of showing that the determinations are in error.  Rule           
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  Deductions           
          and credits are a matter of legislative grace, and the taxpayer             
          bears the burden of proving entitlement to any deduction or                 
          credit claimed on a return.  See INDOPCO, Inc. v. Commissioner,             
          503 U.S. 79 (1992); Wilson v. Commissioner, T.C. Memo. 2001-139.            
          We are not required to accept a taxpayer’s unsubstantiated                  
          testimony that he is entitled to a deduction or credit.  See                
          Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); Hoang v.                   
          Commissioner, T.C. Memo. 2006-47.                                           
               Pursuant to section 7491(a), the burden of proof as to                 
          factual matters shifts to the Commissioner under certain                    
          circumstances.  Petitioners have neither alleged that section               
          7491(a) applies nor established their compliance with the                   
          requirements of section 7491(a)(2)(A) and (B) to substantiate               
          items, maintain records, and cooperate fully with respondent’s              
          reasonable requests.  Petitioners therefore bear the burden of              
          proof.                                                                      
          I.  Mr. Buah--Docket No. 10640-05S                                          
               A.  Medical and Dental Expenses                                        
               Under section 213(a), medical and dental expenses paid and             
          not compensated for by insurance or otherwise are deductible to             
          the extent they exceed 7.5 percent of adjusted gross income                 
          (AGI).                                                                      







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