James L. and Patricia R. Williams - Page 5




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          the burden of showing that the determinations are in error.  Rule           
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  Deductions           
          and credits are a matter of legislative grace, and the taxpayer             
          bears the burden of proving entitlement to any deduction or                 
          credit claimed on a return.  See INDOPCO, Inc. v. Commissioner,             
          503 U.S. 79 (1992); Wilson v. Commissioner, T.C. Memo. 2001-139.            
               Pursuant to section 7491(a), the burden of proof as to                 
          factual matters shifts to the Commissioner under certain                    
          circumstances.  Petitioners have neither alleged that section               
          7491(a) applies nor established their compliance with the                   
          requirements of section 7491(a)(2)(A) and (B) to substantiate               
          items, maintain records, and cooperate fully with respondent’s              
          reasonable requests.  Petitioners therefore bear the burden of              
          proof.                                                                      
               Where a taxpayer establishes that he has incurred deductible           
          expenses but is unable to substantiate the exact amounts, the               
          Court can estimate the deductible amount if the taxpayer presents           
          sufficient evidence to establish a rational basis for making the            
          estimate.  See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d              
          Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 742-743                   
          (1985).2  In addition, we may permit a taxpayer to substantiate             

               2  Sec. 274(d) imposes additional substantiation                       
          requirements for certain types of expenses.  See sec.                       
          1.274-5T(a), Temporary Income Tax Regs., 50 Fed. Reg. 46014 (Nov.           
          6, 1985).  The Cohan rule does not apply to expenses governed by            
          sec. 274(d).  Sanford v. Commissioner, 50 T.C. 823, 827-828                 
                                                             (continued...)           





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