Bernard Boozer - Page 7

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          never paid his fee.  Thus, petitioner contends that he is                   
          entitled to a bad debt deduction for this amount.  We disagree.             
               On this record, there is no evidence whatsoever to support a           
          finding that petitioner included in gross income the $2,626 in              
          unpaid fee in either 1991, the year for which the deduction as a            
          bad debt was claimed, or for a prior taxable year.  Thus, because           
          we find that petitioner did not include the $2,626 in income,               
          petitioner is not entitled to a bad debt deduction under section            
          166.  Gertz v. Commissioner, supra.                                         
               Finally, we must decide whether petitioner is entitled to a            
          deduction for rental payments for petitioner's house in Delhi in            
          the amount of $4,800.  Although petitioner claimed the rental               
          payments on his Schedule C for Boozer, petitioner's management              
          consultant business, petitioner contends that the rental payments           
          were related to his mental health therapy business.  Petitioner             
          never explained why he failed to claim the rental payments on his           
          Schedule C for Paradise, his mental health therapy business.                
               Section 162 allows a deduction for ordinary and necessary              
          traveling expenses (including amounts expended for meals and                
          lodging) incurred by a taxpayer while away from home in the                 
          pursuit of a trade or business.  This provision is an exception             
          to the general rule under section 262 which states that personal,           
          living, or family expenses are not deductible.  Under section               
          162, a taxpayer must satisfy all of the following conditions:               





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