P. David Musgrave and Barbara J. Musgrave - Page 19

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               The next issue to be decided is whether the S Corporation is           
          entitled to deduct, pursuant to section 162(a), attorneys' fees             
          in the amount of $34,226 for its 1990 taxable year.  The parties            
          agree that section 265(a)(1) disallows a deduction for attorneys'           
          fees paid by the S Corporation in recovering the insurance                  
          proceeds.  Petitioners, however, contend that the attorneys' fees           
          were incurred in the defense of both the embezzlement suit and              
          the insurance suit.  Petitioners contend that 65 percent of the             
          total attorneys' fees were incurred to defend the embezzlement              
          suit and are deductible pursuant to section 162(a).  Respondent             
          concedes that the S Corporation paid $34,226 in attorneys' fees             
          during 1990 but contends that petitioners did not establish that            
          any portion of such fees related to the embezzlement suit.                  
               Taxpayers are required to maintain records that are                    
          sufficient to enable the Commissioner to determine their correct            
          tax liability.  See sec. 6001; sec. 1.6001-1(a), Income Tax                 
          Regs.; Meneguzzo v. Commissioner, 43 T.C. 824, 831-832 (1965).              
          Additionally, a taxpayer who claims a deduction must bear the               
          burden of substantiating the amount and purpose of the item                 
          claimed.  Hradesky v. Commissioner, 65 T.C. 87, 90 (1975); sec.             
          1.6001-1(a), Income Tax Regs.  Under certain circumstances, if a            
          taxpayer establishes the entitlement to a deduction but does not            
          establish the amount of the deduction, we may estimate the amount           
          allowable, Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), if            






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