- 4 - Total 9,078 0 9,078 180% of the reported expense of $2,160. Other Expenses5 Item Claimed Allowed Disputed Referral Fees $130 $0 $01 Gifts 854 216 638 Continuing Education 350 350 0 Tax Preparation 160 0 160 Total 1,494 566 798 1Petitioner concedes that she can not substantiate expenditures for referral fees, and does not dispute respondent's disallowance of this deduction. Schedule A Deductions Deductions are strictly a matter of legislative grace, and a taxpayer bears the burden of proving entitlement to any deduction claimed. Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. 435 (1934); Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, a taxpayer is required to maintain records that are sufficient to substantiate her deductions. Sec. 6001. Ordinary and necessary business expenses incurred by an employee that are not reimbursed by her employer are generally deductible under section 162(a), which allows a deduction for all ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. Primuth v. Commissioner, 54 T.C. 374, 377 (1970). Section 274(d) provides, 5We note that deductions claimed for "gifts" and "continuing education" should have been claimed as "unreimbursed employee expenses" rather than as "other expenses" on petitioner's Schedule A.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011