- 5 - claimed they were entitled to deduct charitable contributions as well as unreimbursed employee business expenses. The unreimbursed employee business expenses petitioners claimed included expenses for the business use of their home, cell phone, Internet, equipment, automobile, hospitality, insurance, publications, telephone, and uniform cleaning. Respondent examined petitioners’ return for 2003 and issued petitioners a deficiency notice in which he disallowed many of the expenses for lack of substantiation. Petitioners timely filed a petition. Discussion This is primarily a substantiation case. The parties resolved many of the disputed expenses before trial. We are asked to determine whether petitioners are entitled to deduct the remaining expenses. We begin by outlining basic fundamental tax principles involving substantiation. First, the Commissioner’s determinations are generally presumed correct, and the taxpayer bears the burden of proving that these determinations are erroneous.3 Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290 U.S. 111 (1933). Second, deductions are a matter of legislative grace, and the taxpayer 3Petitioners do not claim the burden of proof shifts to respondent under sec. 7491(a). Petitioners also did not establish they satisfy the requirements of sec. 7491(a)(2). We therefore find that the burden of proof remains with petitioners.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007