- 37 - h. The Central Valley Towing document is duplicated several times. The insurance application is duplicated several times. The check made out to Gilbert Insurance is duplicated several times. The Swift Dodge document is duplicated several times. Michoff, Jr., has offered no evidence that the claimed deductions were ordinary and necessary to a trade or business. The receipts offered do not indicate that they were incurred with regard to the limousine activity of Michoff, Jr., or with regard to any business activity. Additionally, many of the receipts offered to substantiate the claimed deductions were duplicated and were for tax years not subject to this issue. Michoff, Jr., has failed to substantiate most of his claimed deductions, and he has failed to establish that any of the claimed deductions were for expenses ordinary and necessary to a trade or business. Accordingly, respondent's determination regarding this issue is sustained. Failure To Timely File Federal Income Tax Returns Respondent contends that Michoff, Jr., is liable for the addition to tax for failure to timely file for the 1986 and 1987 tax years. Michoff, Jr., contends that he had less than $3,000 of income for each of those years and thus was not required to file a return. It is undisputed that Michoff, Jr., failed to file an income tax return for the 1986 and 1987 tax years. Section 6651(a) provides an addition to tax for failure to timely file an income tax return by the prescribed due date unless the taxpayer can establish that such failure was due to reasonable cause and not willful neglect. Although reasonablePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011