- 3 - submitted on the basis of a sparse record consisting of petitioner husband’s testimony and limited documentary evidence. Discussion A. In General Generally, the Commissioner’s determinations in a notice of deficiency are presumed correct, and the taxpayer has the burden to prove that the determinations are in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).2 Deductions are a matter of legislative grace, and a taxpayer must prove entitlement to claimed deductions. Rule 142(a)(1); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). The taxpayer must keep sufficient records to substantiate any deductions claimed. Sec. 6001. In the event that a taxpayer establishes a deductible expense but is unable to substantiate the precise amount, the Court may approximate the deductible amount, but only if the taxpayer presents sufficient evidence to establish a rational basis for making the estimate. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930). B. Casualty and Theft Losses Petitioners challenge respondent’s disallowance of various deductions they have claimed for casualty and theft losses. 2 Petitioners have not alleged and the record does not support a conclusion that the burden of proof is shifted to respondent pursuant to sec. 7491(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008