John Robert Maguire - Page 9

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          Commissioner, 85 T.C. 731, 743 (1985).  Without such a basis, any           
          allowance would be unguided largesse.  Williams v. United States,           
          245 F.2d 559, 560 (5th Cir. 1957).                                          
               Respondent argues that expenditures within the following               
          categories should be disallowed entirely, or in the alternative,            
          that the expenditures must be capitalized.  Petitioner argues               
          that the same expenditures are currently deductible.  The                   
          disputed categories include:  Travel expenses, utilities,                   
          cellular phone service, cable service, advertisements, clock                
          repair, truck rental, real estate license, taxes, and                       
          miscellaneous.                                                              
          Travel Expenses                                                             
               A deduction for travel expenses may be allowed where the               
          expenses are incurred while "away from home", are reasonable and            
          necessary, and bear a proximate relation to the profit-seeking              
          activity.  Kinney v. Commissioner, 66 T.C. 122, 126 (1976);                 
          McKinney v. Commissioner, T.C. Memo. 1981-181, affd. 732 F.2d 414           
          (10th Cir. 1983).  Travel expenses must also be substantiated as            
          required by section 274(d).                                                 
               Respondent disallowed an $832 deduction for meals, a $1,402            
          deduction for amounts paid to various oil companies, a $1,369               
          deduction for auto repairs, deductions of $119.50, $465, and $76            
          alleged to be for insurance on the Lincoln, and depreciation                
          deductions on the Lincoln.                                                  






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