- 43 - taxpayer. See Huynh v. Commissioner, T.C. Memo. 2002-110; Gealer v. Commissioner, T.C. Memo. 2001-180; O’Bryon v. Commissioner, supra; Cooper v. Commissioner, T.C. Memo. 1999-6. What constitutes adequate substantiation for challenged deductions, of course, is fertile ground for disputes between a taxpayer and respondent, and we recognize that the nature and quantum of substantiation for a given deduction can vary with the circumstances. Welch v. Helvering, supra. Guidance published by respondent identifies generally how a deduction may be substantiated, but notes that proof that an expenditure was made or incurred does not necessarily establish that a taxpayer is entitled to a deduction for that expenditure. Taxpayers are advised to keep any other documents that may prove entitlement to the deduction. See Rev. Proc. 92-71, 1992-2 C.B. 437. Furthermore, a taxpayer’s self-serving declaration is generally not a sufficient substitute for records. See Weiss v. Commissioner, T.C. Memo. 1999-17. Respondent’s position with respect to the disallowance of deductions claimed on petitioners’ returns flows from the examination of those returns, and it is clear that a taxpayer’s return is hardly substantiation for items reported on that return. See Seaboard Commercial Corp. v. Commissioner, 28 T.C. 1034, 1051 (1957); Halle v. Commissioner, 7 T.C. 245, 247 (1946), affd. 175 F.2d 500 (2d Cir. 1949).Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 NextLast modified: November 10, 2007