Steven M. and Karen Arhontes - Page 9




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          1997; i.e., 873 miles at 31.5 cents per mile.  In the notice of             
          deficiency, respondent disallowed the amount claimed.                       
               Section 162(a) allows a deduction for the ordinary and                 
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  To qualify for the deduction,             
          an expense must be both ordinary and necessary within the meaning           
          of section 162(a).  Deputy v. duPont, 308 U.S. 488, 495 (1940).             
               Deductions are a matter of legislative grace, and the                  
          taxpayer bears the burden of proving entitlement to any                     
          deductions claimed.  New Colonial Ice Co. v. Helvering, 292 U.S.            
          435, 440 (1934).  Moreover, a taxpayer is required to maintain              
          records sufficient to establish the amount of his or her income             
          and deductions.  Sec. 6001; sec. 1.6001-1(a), Income Tax Regs.              
          As stated previously, under certain circumstances where a                   
          taxpayer establishes entitlement to a deduction but does not                
          establish the amount of the deduction, the Court is allowed to              
          estimate the amount allowable.  Cohan v. Commissioner, supra.  In           
          the case of travel expenses, however, specifically including                
          meals and lodging while away from home, as well as in the case of           
          entertainment expenses and expenses with respect to "listed                 
          property", section 274(d) overrides the so-called Cohan doctrine.           
          Sanford v. Commissioner, 50 T.C. 823, 827 (1968), affd. per                 
          curiam 412 F.2d 201 (2d Cir. 1969); sec. 1.274-5T(a), Temporary             
          Income Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).  Section               





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