Wayne and June Ellen Hairston - Page 12

                                       - 12 -                                         
          the taxable years prior to 1988, quite aside from whether such              
          losses, if incurred, were allowable to petitioners for tax                  
          purposes and may be carried forward and set off against                     
          petitioners' income for 1988, 1989, or 1990.  Petitioners'                  
          returns, which are in evidence, simply prove that these were the            
          returns that were filed; they are not self-proving as to the                
          truth of their contents.  Halle v. Commissioner, 7 T.C. 245                 
          (1946), affd. 175 F.2d 500 (2d Cir. 1949); Caruso v.                        
          Commissioner, T.C. Memo. 1966-190.                                          
               There is nothing else in this record, including testimony              
          from any witness, as to the amount and allowability as a                    
          deduction of any loss for any taxable year prior to 1988.  We               
          hold that petitioners have not shown that they incurred a net               
          operating loss in any taxable year prior to 1988 that could                 
          properly be carried forward to any taxable year in issue.  On               
          this issue, we must therefore uphold respondent's determination.            
          Issue 3.  Petitioners' Schedule C Expenses                                  
               Section 162(a) generally allows a deduction for all ordinary           
          and necessary expenses paid or incurred during the taxable year             
          in carrying on any trade or business.  The regulations                      
          promulgated under section 162 clarify that only those ordinary              
          and necessary business expenses "directly connected with or                 
          pertaining to the taxpayer's trade or business" may be deducted.            
          Sec. 1.162-1(a), Income Tax Regs.  In addition, under section               
          262(a) no portion of the expenditures attributable to personal,             




Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011