- 92 - 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 Section 274, originally enacted as part of the Revenue Act of 1962, imposes requirements in addition to those of section 162 for the deductibility of travel and entertainment expenses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.Page: Previous 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Next
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