Marvin B. Hubbard - Page 14

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          with his trade or business, petitioner presented no documentation           
          or any other evidence to substantiate the payment in question.              
          Respondent, therefore, is sustained on this issue.                          
               Finally, the last issue for decision is whether petitioner             
          is entitled to deduct certain miscellaneous Schedule C expenses             
          in excess of amounts allowed by respondent.  In the notice of               
          deficiency, respondent disallowed $3,500 of Schedule C “other               
          expenses” petitioner deducted in the year 2000.  On his income              
          tax return, petitioner claimed $1,500 for business meeting                  
          expenses and $2,000 for telephone expenses.9                                
               Section 162 allows a taxpayer to deduct ordinary and                   
          necessary expenses that are paid or incurred during the taxable             
          year in carrying on a trade or business.  Sec. 162(a); Deputy v.            
          du Pont, 308 U.S. 488, 495 (1940). Furthermore, expenses paid or            
          incurred by a taxpayer to attend a business meeting may                     
          constitute an ordinary and necessary business expense depending             
          on the facts and circumstances of each case.  Sec. 1.162-2(d),              
          Income Tax Regs.  These expenses, however, are subject to certain           
          substantiation requirements.  Sec. 1.162-2(f), Income Tax Regs.             
               In order to substantiate an expense, the taxpayer must keep            
          such records as will be sufficient to enable the Commissioner to            
          correctly determine income tax liability.  Furthermore, the                 


               9    As noted earlier, see supra note 2, respondent conceded           
          $579.44, leaving $2,920.56.                                                 





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