- 4 - tax of $13,150, and determined a deficiency in petitioner’s 2001 Federal income tax of $58,956. In response to the notice of deficiency, petitioner filed his petition with this Court on January 9, 2006. OPINION 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.4 See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). A taxpayer may deduct all ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business if the taxpayer maintains sufficient records to substantiate the expenses. Secs. 162(a), 6001; Deputy v. du Pont, 308 U.S. 488, 495-496 (1940); sec. 1.6001-1(a), Income Tax Regs. If a claimed business expense is deductible, but the taxpayer is unable to substantiate it, we are generally permitted to approximate the amount of the expense if we have a reasonable evidentiary basis 4 Under sec. 7491(a)(1), if the taxpayer introduces credible evidence with respect to any factual issue, the burden of proof shall shift to the Commissioner. On this issue, the burden of proof does not shift to respondent because petitioner did not maintain adequate books and records and was unable to substantiate $276,362 of the claimed Schedule C expenses. See sec. 7491(a)(2).Page: Previous 1 2 3 4 5 6 NextLast modified: November 10, 2007