J.J. Zand - Page 133

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          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.                                     









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