- 4 - First, there is a cashier's check for $50,000 made out to Carl M. Walsh and remitted by John DiFronzo. The check is dated January 18, 1993. With it is a deposit slip for Carl M. Walsh dated January 25, 1993. Among the checks listed for deposit is one for $50,000. Second, there is a check for $25,000 from RoseMary DiFronzo made payable to Carl M. Walsh. That check is dated April 9, 1993 and is payable from the account of RoseMary DiFronzo. On April 12, 1993, a deposit was made on behalf of Carl M. Walsh. Included in that deposit was a check for $25,000. Third, there is a deposit slip from Carl M. Walsh dated May 11, 1993. Only one check is listed, for $50,000. The deposit slip is accompanied by two check stubs from the register of Carl M. Walsh. Beside check stub 535, dated May 15, 1993, there is a notation under deposits "5/11/93 DiFronzo 50,000". Section 162(a) allows as a deduction "all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business". For a deduction for legal expenses, the taxpayer must also prove that he paid for the services performed for him. Lussy v. Commissioner, T.C. Memo. 1995-393, affd. without published opinion 114 F.3d 1201 (11th Cir. 1997). Petitioner's filing status is married filing separate. As a result, he must demonstrate that he alone made all of the payments.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011