Betty J. Shackelford - Page 10

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          Additional Schedule C Deductions                                            

               Deductions are a matter of legislative grace, and taxpayers            
          bear the burden of proving that they are entitled to any deductions         
          claimed.  Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S.          
          435, 440 (1934).  Taxpayers are required to maintain records that           
          are sufficient to substantiate claimed deductions.  Sec. 6001.              
               Section 162 generally allows a deduction for all the ordinary          
          and necessary expenses paid or incurred during the taxable year in          
          carrying on any trade or business.  Such expenses must be directly          
          connected with or pertain to the taxpayer's trade or business.              
          Sec. 1.162-1(a), Income Tax Regs.  The determination of whether an          
          expenditure satisfies the requirements of section 162 is a question         
          of fact.  Commissioner v. Heininger, 320 U.S. 467, 475 (1943).              
               Petitioner claims that she is entitled to a deduction in the           
          amount of $52,999.50, which she originally reported as cost of              
          goods sold on her Schedule C, and which was disallowed by                   
          respondent.  The $52,999.50 amount represented the sum of checks            
          drawn on petitioner's business bank account.  These checks were             
          made payable to her husband, Mr. Maynard, and consisted of six              
          checks for $3,500, six checks for $5,000, a check for $1,983, and a         
          check for $16.50.  The checks were deposited into the trust account         
          of Maynard & McDonald.                                                      
               Petitioner alleges that these amounts were paid to Mr. Maynard         
          for consulting services he provided for her business.  Petitioner           
          testified that Mr. Maynard advised her with respect to equipment,           



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