- 3 - Petitioner, however, was not reimbursed by his law firm or its corporate clients for his personal political contributions. The corporations that petitioner's law firm represented were prohibited by Oklahoma and Federal campaign finance laws from making direct or indirect contributions for the election or reelection of candidates for public office. Petitioner, individually, made political contributions in 1990 and 1991 in the amounts of $9,250 and $6,582, respectively, in support of political candidates running for election or reelection in the Oklahoma legislature or the United States Congress. The individual contributions usually ranged in amounts from $50 to $200. On their 1990 Federal income tax return, petitioners claimed a deduction for these political contributions as a Schedule C lobbying expense. The 1991 contributions were claimed as Schedule A unreimbursed employee business expense deductions. Respondent disallowed all of the claimed deductions. Respondent's determinations are presumed to be correct and petitioners bear the burden of proving otherwise. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 162(a) allows the deduction of all ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. Deductions are strictly a matter of legislative grace, and petitioners bear the burden of proving their entitlement to any deduction claimed. Rule 142(a);Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011