Hon Pui Yip - Page 4




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          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).                                                            







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