- 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
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