- 211 - allowance would amount to unguided largesse. Williams v. United States, 245 F.2d 559, 560 (5th Cir. 1957). Expenditures for items that are capital in nature are not deductible by the taxpayer. Sec. 263. However, the cost of capital expenditures may be recoverable through depreciation or amortization. Business expenses, like other deductions claimed on a tax return, must be substantiated by the taxpayer, who bears the burden of proof. Rule 142(a). In order to be deductible, business expenses must be those incurred by the taxpayer in his trade or business, and not expenses of another individual or entity. Bistrup v. Commissioner, T.C. Memo. 1980-402. The underlying issues involving the cost of goods sold and business expense deductions claimed by petitioner fall within one or more of the three areas mentioned above. A. Cost of Goods Sold As reflected in our findings of fact, we conclude that petitioner overstated cost of goods sold by $33,242.12 for 1973. His taxable income should be increased by that amount. Petitioner has conceded the adjustment of $32,704.82 in cost of goods sold for 1974, and $57,154.81 of $68,815.64 claimed for 1977. We sustain respondent's determination with respect to the remaining amount ($11,660.83) for 1977.Page: Previous 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 Next
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