Raymond E. Vogt, Jr. - Page 11



                                        -11-                                          
          2003.  It was deemed admitted under Rule 37(c) that petitioner              
          received income in the amount of $95,382, incurring an income tax           
          liability of $23,585 for 2003.13  We therefore hold that                    
          petitioner received unreported income in the above amount.                  
          B.  Disallowed Deductions                                                   
               In addition to the receipt of unreported income, respondent            
          determined that petitioner overstated deductions.  Section 161              
          provides for itemized deductions in computing taxable income.               
          However, deductions are a matter of legislative grace, and a                
          taxpayer bears the burden of proving that he has complied with              
          the specific requirements for any deduction he claims.  See                 
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New                  
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).  The               
          taxpayer has the burden of substantiating any deduction.                    
          Hradesky v. Commissioner, 65 T.C. 87, 89-90 (1975), affd. per               
          curiam 540 F.2d 821 (5th Cir. 1976); see also Rule 142(a).                  
               Respondent denied or reduced petitioner’s claimed deductions           
          for the years 2000, 2001 and 2002, including a Schedule E expense           
          for 2001.  Petitioner presented no evidence to substantiate any             
          of these deductions.  Furthermore, at trial petitioner refused to           
          answer questions about his deductions for the years at issue,               
          asserting meritless arguments.  Therefore, petitioner has failed            
          to meet his burden with respect to the disallowed deductions.               

               13Respondent allowed petitioner certain itemized deductions            
          totaling $13,142.                                                           






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