Kin L. Velinsky - Page 18

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          deductible.  Therefore, we sustain respondent's disallowance of             
          the claimed deduction for home office expenses.                             
               Petitioner and Mr. Velinsky deducted $2,471 in expenses for            
          the year at issue which were claimed to be for utilities                    
          applicable to the home office and for business use of the home              
          telephone.  We deny any utility expense deductions relating to              
          the home office for the reasons mentioned above.  Petitioner                
          offered telephone bills and other substantiating documentation to           
          show the actual business use of the telephone, primarily long               
          distance calls.  Mr. Paquette explained to the auditor, and                 
          petitioner testified, that Mr. Velinsky used the telephone in his           
          band management business.  Under Cohan v. Commissioner, 39 F.2d             
          540 (2d Cir. 1930), we allow $30 per month for Mr. Velinsky's               
          business telephone expenses for long distance calls.                        
               Petitioner and Mr. Velinsky also deducted expenses for                 
          interest, legal and professional services, and admissions.                  
          Petitioner has offered no evidence to substantiate these                    
          deductions, and we hold that petitioner has not met her burden of           
          proof with regard to these claimed deductions.                              
               Section 274(d) states that a taxpayer is not allowed a                 
          deduction under section 162 for any travel or entertainment                 
          expense, unless the taxpayer has substantiation, in the form of             
          adequate records or other sufficient corroborating evidence,                
          showing:  (1) The amount of the expense; (2) the time and place             
          of the travel or entertainment; (3) the business purpose of the             




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