Robert L. Boehm and Winona J. Mowrey - Page 14




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          1173 (D.C. Cir. 1990), and Brown v. Commissioner, T.C. Memo.                
          1989-89, affd. without published opinion 916 F.2d 710 (4th Cir.             
          1990).  These cases are distinguishable.  Unlike the taxpayers in           
          Matthews, petitioners have taken a position that is untenable and           
          have failed to establish that they made full disclosure of their            
          position to respondent.  Unlike Brown, this is not a case where             
          respondent failed to act over a period of years when fully                  
          informed of the facts.                                                      
               We sustain respondent’s determination on this issue.                   

          Crestmark’s Claimed Business Deductions                                     
               Respondent disallowed Crestmark’s claimed business expenses            
          on the grounds that it had failed to establish that these were              
          ordinary and necessary business expenses and that they were                 
          expended for the purpose designated.  With respect to the meals             
          and entertainment expenses, respondent also determined that                 
          Crestmark failed to meet the substantiation requirements of                 
          section 274.                                                                
               On brief, Crestmark concedes that the meals and                        
          entertainment deductions have not been substantiated.  We                   
          conclude that Crestmark has also failed to establish the validity           
          of its other claimed deductions.                                            
               Section 162 generally allows a deduction for all the                   
          ordinary and necessary expenses paid or incurred during the                 
          taxable year in carrying on any trade or business.  The                     
          determination of whether an expenditure satisfies the                       


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