William W. Halle IV, and Janice C. Halle - Page 17

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               Petitioner is allowed a deduction for the ordinary and                 
          necessary expenses paid or incurred in carrying on his trade or             
          business.  Sec. 162.  It is clear that a business expense                   
          incurred only once cannot be claimed twice.  Deductions are a               
          matter of legislative grace, New Colonial Ice Co. v. Helvering,             
          292 U.S. 435, 440 (1934), and petitioner has the burden of                  
          proving that he is entitled to any deductions claimed.  Rule                
          142(a); Welch v. Helvering , 290 U.S. 111 (1933).                           
               Petitioner acknowledged at trial that some of the expenses             
          he claimed were duplicated.  He indicated that when he hastily              
          prepared the Federal income tax return on or about April 15,                
          1991, he may have forgotten that he had transferred the MYM                 
          expense items into the DAC system in December 1990.                         
               The evidence shows that petitioner deducted various expenses           
          included in the MYM system twice, once as deductions based on the           
          MYM system and a second time when the same expenses were                    
          transferred to the DAC system and included as deductions claimed            
          based on the DAC system.  The duplicated expenses included on               
          petitioner's Schedule C for 1990 are as follows:                            
                         Expense             Amount Duplicated                        
                         Advertising         $637.47                                  
                         Car and truck       1,076.64                                 
                         Insurance           1,327.26                                 
                         Legal and prof.     3,440.00                                 
                         Moving              1,254.00                                 
                         Office expense      2,778.84                                 
                         Other expense       2,540.96                                 
                         Rent                1,575.00                                 
                         Supplies            8,969.29                                 




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