- 40 - and we find respondent did not abuse his discretion in denying Mrs. Dunne such relief. IV. Whether Petitioners May Claim $20,000 of Legal Expenses That They Incurred in 1999 as Trade or Business Expenses In the notice of deficiency respondent disallowed a deduction for $20,000 that petitioners listed on their Schedule C as a business expense but added the $20,000 deduction to their Schedule A as a miscellaneous itemized expense. If the $20,000 is deductible on petitioners’ Schedule C, then it is not subject to the 2-percent floor generally applicable to miscellaneous itemized deductions under section 67. Deductions are a matter of legislative grace, and taxpayers bear the burden of proving entitlement to the deductions claimed. Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). In addition, taxpayers must maintain sufficient records to substantiate any deductions claimed. Sec. 6001. Petitioners argue that the notice of deficiency is arbitrary as to the tax items for 1999. As discussed below, in certain cases we have found that the Commissioner’s presumption of correctness does not attach when a determination is found to be a “naked” assessment and therefore arbitrary and excessive. However, this doctrine applies only to unreported income, and the usual presumption of correctness attaches when taxpayers assert that the notice of deficiency is incorrect as to disallowedPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NextLast modified: March 27, 2008