Edward and Ruth Kelly - Page 10

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                  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.                         





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