Marvin B. Hubbard - Page 13

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          Accordingly, pursuant to Cohan v. Commissioner, supra, the Court            
          allows petitioner $750 as church contributions for 2000.                    
               With respect to the $870 carryover from prior years,                   
          petitioner offered no evidence to establish the carryover.  That            
          item, therefore, is disallowed.  Likewise, regarding the $16,680            
          deducted on his 2001 tax return, petitioner offered neither                 
          testimony nor documentation to substantiate the amount claimed.8            
          Therefore, the Court sustains respondent on this issue and                  
          disallows the deduction in its entirety.                                    
               The fifth issue is a bad debt deduction of $10,000 claimed             
          by petitioner as a trade or business expense in connection with             
          his personal security activity.  As noted earlier, petitioner               
          contends he incurred this expense when he was hired to provide              
          security for a rapper, DMX, on a tour of Africa.  Because the               
          performer and petitioner’s entourage did not have the appropriate           
          documents to be in Africa, they were permitted to leave the                 
          country only after petitioner paid $10,000.  Petitioner deducted            
          this payment as a bad debt on his 2000 tax return.  The Court               
          disagrees that such a payment would constitute a bad debt within            
          the meaning of section 166.  To the extent, however, that the               
          payment otherwise constituted an expense incurred in connection             


               8    Petitioner alluded to the existence of a letter from              
          his church pertaining to his gifts during 2001 when he testified            
          as to his contributions for year 2000; however, he never offered            
          the letter into evidence, nor did he address it further.                    





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