- 10 - Petitioner may not rely on the disallowance or the failure to substantiate the deductions alone to prove a lack of basis in fact or law. As the Court stated in Douglas: "it simply does not follow that because deductions lacking in a factual or legal basis will be disallowed, all deductions which are disallowed lack a factual or legal basis." Douglas v. Commissioner, supra at 763; Purcell v. Commissioner, 826 F.2d 470 (6th Cir. 1987), affg. 86 T.C. 228 (1986). The substantiation requirement of section 274(d) would not change the above analysis as to what constitutes grossly erroneous deductions. If petitioners had been able to adequately substantiate Mr. Kelly's travel and entertainment expenses, those expenses would have been fully deductible under well-settled legal principles. Petitioner contends that if the entertainment expenses had a factual basis, there is no logical explanation why they were not reimbursed. There is no indication that the unreimbursed expenses were ever submitted to Mr. Kelly's employer, and no explanations why they were not submitted. As discussed in respondent's briefs and by the Court, there could be a number of logical explanations as to why Mr. Kelly was not reimbursed for more expenses. As respondent suggests, there may have been an internal dollar limit in his department on the amount of entertainment expenses that would be reimbursed, or Mr.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011