- 5 - Petitioner stored her business and tax records in a shed behind the carport at her home. In the fall of 1995, a combination of excessive rain and a leak in the carport caused the destruction of petitioner's 1994 tax records and other personal items in the shed. After the incident, petitioner notified her insurance representative and her landlord about the damage. In January 1997, after the issuance of the notice of deficiency, petitioner began reconstructing her 1994 tax records. Respondent determined that petitioner was not entitled to deduct any of the claimed Schedule C expenses. Respondent does not dispute that petitioner's records were destroyed because of a casualty beyond petitioner's control. Further, respondent does not appear to dispute that petitioner reasonably reconstructed her records for 1994. Rather, respondent contends that petitioner's expenses were not ordinary and necessary business expenses. Discussion 1. General Section 162(a) provides that there shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. "Necessary" has been interpreted to mean that the expense must be appropriate or helpful to the taxpayer's trade or business. Commissioner v. Tellier, 383 U.S. 687, 689 (1966); Joseph v. Commissioner, T.C. Memo. 1997-447 (citing Welch v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011