David A. and Rebecca Rose Wilbert - Page 11




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          Substantiation of Expenses                                                  
               We next examine whether petitioners are entitled to deduct             
          expenses for cleaning Mr. Wilbert’s uniforms.  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.7  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.  This includes the burden of substantiation.              
          Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam           
          540 F.2d 821 (5th Cir. 1976).                                               
               A taxpayer must substantiate amounts claimed as deductions             
          by maintaining the records necessary to establish he or she is              
          entitled to the deductions.  Sec. 6001; Hradesky v. Commissioner,           
          supra.  The taxpayer shall keep such permanent records or books             
          of account as are sufficient to establish the amounts of                    
          deductions claimed on the return.  Sec. 6001; sec. 1.6001-1(a),             

               7Petitioners do not claim the burden of proof shifted to               
          respondent under sec. 7491(a).  Petitioners also did not                    
          establish that they satisfy the requirements of sec. 7491(a)(2).            
          We therefore find that the burden of proof remains with                     
          petitioners.                                                                






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