Jean Erick Fortius - Page 6

                                        - 5 -                                         
          Corp. & Subs. v. Commissioner, 110 T.C. 402, 414 (1998).                    
          Deductions are a matter of legislative grace, and the taxpayer              
          bears the burden of proving that he is entitled to any deduction            
          claimed.  Rule 142(a); New Colonial Ice Co. v. Helvering, 292               
          U.S. 435, 440 (1934).  The taxpayer is required to maintain                 
          records that are sufficient to enable the Commissioner to                   
          determine his correct tax liability.  See sec. 6001; sec.                   
          1.6001-1(a), Income Tax Regs.                                               
               At trial, petitioner asserted that he incurred the following           
          expenses in connection with driving a taxi cab:  (1) $28,100 for            
          leasing the cab; (2) $2,500 for gasoline; and (3) $1,100 for                
          cleaning and washing the cab.2  Petitioner credibly testified               
          that he leased a cab for an average of 4 or 5 days a week at a              
          cost of $70 to $80 a day.  Petitioner also testified that he paid           
          for gasoline for each day he drove.  Petitioner used cash to pay            
          the lease and to purchase gasoline.                                         
               Respondent disallowed the claimed expenses because of                  
          petitioner’s failure to maintain records in accordance with                 


               2 As mentioned above, petitioner claimed $28,600 of expenses           
          on Schedule C.  This amount represents $28,100 of leasing expense           
          and $500 of bad debt expense.  A notation on Schedule C suggests            
          that petitioner may have intended to claim the $500 as car and              
          truck expense.  In any event, petitioner offered no testimony               
          with respect to the claimed deduction for $500, and we therefore            
          consider that petitioner has conceded this amount of the                    
          adjustment.  See Nicklaus v. Commissioner, 117 T.C. 117, 120 n.4            
          (2001).  Petitioner did not claim any amount for gasoline or                
          cleaning and washing expenses on Schedule C.                                





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011