Daniel P. and Glenna J. Marple - Page 10




                                        - 9 -                                         
          percent limitation of section 274(n)); union dues and assessments           
          of $2,113; and work boots and clothing of $350.  In the notice of           
          deficiency, respondent allowed a deduction of $1,694 for the                
          substantiated amount of Mr. Marple’s union dues and disallowed              
          all of the remaining deductions.7                                           
                                     Discussion                                       
               Deductions are a matter of legislative grace, and a taxpayer           
          must establish that he has satisfied the specific statutory                 
          requirements for any deduction claimed.8  Rule 142(a); INDOPCO,             
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice              
          Co. v. Helvering, 292 U.S. 435, 440 (1934).  Furthermore, a                 
          taxpayer is required to keep records sufficient to enable the               
          Commissioner to determine whether the taxpayer is liable for tax.           
          See sec. 6001; sec. 1.6001-1(a), Income Tax Regs.  A taxpayer               
          bears the burden of substantiating the amount and purpose of any            
          claimed deduction.  See Hradesky v. Commissioner, 65 T.C. 87                
          (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976).                      




               7   As noted, respondent has conceded that petitioners are             
          entitled to a deduction on Schedule A for the 3,304 business                
          miles attributable to Mr. Marple’s temporary employment with Eber           
          in 2002.                                                                    
               8   Sec. 7491(a), which shifts the burden of proof as to               
          factual matters to the Commissioner under certain circumstances,            
          does not apply because petitioners have neither alleged its                 
          application nor established that they have satisfied the                    
          preconditions for its application.                                          






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 10, 2007