Randall and Lynn Bishop - Page 9




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              Randall did not keep a regular set of books reflecting the              
         income and expenses associated with his financial planning                   
         business.  To substantiate the office expenses and meals and                 
         entertainment here in issue, petitioners refer us to (1) various             
         entries in a diary, Randall’s “daily planner”, (2) his                       
         NationsBank VISA card summary statement for 1994, and (3) various            
         receipts relating to meals and entertainment expenses and office             
         expenses.  We must decide whether and to what extent that                    
         evidence is adequate to substantiate the business expense                    
         deductions that remain in issue.                                             
              With respect to the items of office expense set out on                  
         petitioners’ substantiation schedule, with four exceptions,                  
         petitioners’ evidence fails to satisfy one or more of the                    
         elements necessary to establish deductibility as ordinary and                
         necessary business expenses under section 162.  For example, a               
         number of items are listed in Randall’s daily planner, indicating            
         a business purpose, but do not appear in the NationsBank VISA                
         card summary or relate to one of the receipts in evidence.  In               
         other words, there is no proof of payment.  For other items,                 
         there is proof of payment, but the items are not listed in the               
         daily planner resulting in a failure to establish a relationship             
         to Randall’s business.                                                       










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