Robert D. Grossman, Jr. - Page 149

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          visit Betsy’s mother, the children’s grandmother.  In addition,             
          petitioner and Betsy grew up in the Miami area, and petitioner’s            
          parents lived in the Miami area during at least some of the years           
          in issue.                                                                   
               Another indication of the personal nature of these trips is            
          that petitioner and Betsy did not make notes of what business               
          activities occurred on the trips.  The general rule as to                   
          allowance of deductions for ordinary and necessary expenses paid            
          or incurred during the taxable year for trade or business                   
          purposes, is now codified at section 162.  Section 274,                     
          originally enacted as part of the Revenue Act of 1962, imposes              
          requirements in addition to those of section 162 for the                    
          deductibility of travel and entertainment expenses incurred in              
          the conduct of a trade or business; subsection (d) of section 274           
          mandates specific substantiation requirements.  Petitioner has              
          been a tax attorney since 1971; we believe that during the years            
          in issue, he knew of the substantiation requirements of section             
          274(d).  If the trips to Miami were indeed business trips, then             
          we believe petitioner would have kept the records required by               
          section 274.  Thus, petitioner’s exceptional knowledge of the tax           
          laws coupled with the fact that no records were kept of what                
          petitioner claims were business expenses, is further evidence               
          that leads us to conclude that the trips to Miami were not                  
          business trips.                                                             





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