Stanley A. and Connie A. Wasik - Page 12




                                       - 12 -                                         
          considered Mr. Wasik to be away from Milwaukee during that time             
          and reimbursed Mr. Wasik’s meals and lodging for that reason.  It           
          appears under the circumstances that respondent has conceded that           
          Mr. Wasik was temporarily away from home with respect to the 2-             
          week training session in Duluth.  We shall discuss, therefore,              
          infra whether petitioners met the strict substantiation                     
          requirements under section 274(d) concerning the vehicle expenses           
          incurred traveling to Duluth for training.                                  
          Substantiation of Expenses                                                  
               We next turn to the substantiation issues to determine                 
          whether petitioners are entitled to deduct any remaining                    
          expenses.  We begin by noting the fundamental principle that the            
          Commissioner’s determinations are generally presumed correct, and           
          the taxpayer bears the burden of proving that these                         
          determinations are erroneous.5  Rule 142(a); INDOPCO, Inc. v.               
          Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290               
          U.S. 111 (1933).  Moreover, deductions are a matter of                      
          legislative grace, and the taxpayer has the burden to prove he or           
          she is entitled to any deduction claimed.  Rule 142(a); Deputy v.           
          du Pont, 308 U.S. 488, 493 (1940); New Colonial Ice Co. v.                  
          Helvering, 292 U.S. 435, 440 (1934); Welch v. Helvering, supra.             

               5Petitioners 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  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 10, 2007