Gerard and Audrey Kathleen Hennessey - Page 43




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          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).                                          







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