Gilbert J. Arevalo - Page 9




                                        - 9 -                                         
          petitioner reported gross receipts from the consulting activity             
          in the amount of $1,563.  Section 183(b)(2) allows a deduction              
          for expenses that would be deductible only if the activity were             
          engaged in for profit, but only to the extent that the total                
          gross income derived from the activity exceeds the deductions               
          allowed by section 183(b)(1).  Therefore, we must decide whether            
          petitioner has substantiated the expenses he claimed on the                 
          Schedule C attached to his 1996 Federal income tax return.                  
               Respondent determined that petitioner's claimed Schedule C             
          expenses were personal in nature and not ordinary and necessary             
          expenses of petitioner's purported investment activity.  In                 
          general, where an expenditure is primarily associated with                  
          business purposes, and where personal benefit is distinctly                 
          secondary and incidental, the expenditure may be deducted under             
          section 162.  See International Artists, Ltd. v. Commissioner, 55           
          T.C. 94, 104 (1970).  Conversely, if an expenditure is primarily            
          motivated by personal considerations, generally no deduction will           
          be allowed.  See Henry v. Commissioner, 36 T.C. 879, 884 (1961).            
          An expenditure is not "ordinary and necessary" unless the                   
          taxpayer establishes that it is directly connected with, or                 
          proximately related to, the taxpayer's activities.  See Bingham's           
          Trust v. Commissioner, 325 U.S. 365, 370 (1945).                            
               Taxpayers are required to keep sufficient records to enable            
          the Commissioner to determine their correct tax liability.  See             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011