J.J. Zand - Page 130

                                        - 209 -                                       

          contends that the evidence presented with respect to the business           
          expense deductions was virtually unchallenged by respondent.  It            
          is our view that, for the most part, there was no need for                  
          respondent to challenge the evidence offered by petitioner on the           
          deduction issues because the evidence presented failed to show              
          that the majority of the business expenses claimed were                     
          petitioner's ordinary and necessary business expenses or that he            
          was otherwise entitled to the various amounts claimed.  He also             
          contends that respondent's reasons for disallowing various                  
          deductions were not clear in every instance.  To the contrary,              
          the notices of deficiency specifically set forth which deductions           
          were allowed and disallowed, and provide a narrative explanation            
          for the disallowance.                                                       
               We have made detailed and specific findings of fact with               
          respect to the claimed business expense deductions.  We think no            
          useful purpose would be served by reiterating each and every fact           
          in this opinion.  However, we will discuss the major disputed               
          items.                                                                      
               Section 162(a) provides that "There shall be allowed as a              
          deduction all the ordinary and necessary expenses paid or                   
          incurred during the taxable year in carrying on any trade or                
          business".  The regulations promulgated under section 162 clarify           
          that only those ordinary and necessary business expenses                    







Page:  Previous  199  200  201  202  203  204  205  206  207  208  209  210  211  212  213  214  215  216  217  218  Next

Last modified: May 25, 2011