- 7 - paid or incurred during the taxable year in carrying on any trade or business. To be entitled to a deduction under section 162(a), a taxpayer is required to substantiate the deduction through the maintenance of books and records. Section 6001 requires generally that a taxpayer liable for any tax shall maintain such records, render such statements, make such returns, and comply with such regulations as the Secretary may from time to time prescribe. The meager records petitioner presented to substantiate the expenses at issue do not satisfy the recordkeeping requirements of section 6001 and do not prove that the expenses claimed were paid or incurred. The Court holds that petitioners have not sustained their burden of establishing their entitlement to a deduction of their Schedule C expenses for 1991 and 1992. Respondent, therefore, is sustained on this issue. The second issue relates to the year 1991 and Schedule A, Itemized Deductions, in the amount of $5,606.56 claimed by petitioners that were also disallowed by respondent for lack of substantiation. As noted above, petitioners claimed a deduction of $360 for uniform rental and $5,435 for leftover equipment expenses, subject to the limitation provisions of section 67(a). The $5,435 represented payments petitioner claims he made during 1991 on equipment that had been used in his construction activity. No documentary evidence was presented to substantiate either the $5,435 for equipment payments or the $360 uniformPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011