Robert L. Boehm and Winona J. Mowrey - Page 15




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          requirements of section 162 is a question of fact.  See                     
          Commissioner v. Heininger, 320 U.S. 467, 475 (1943).                        
               Because petitioners have failed to establish that Crestmark            
          carried on any trade or business during the year at issue, a                
          fortiori the amounts claimed as deductions do not constitute                
          ordinary and necessary costs of carrying on a trade or business,            
          and thus are not deductible under section 162.  Even if we were             
          to assume, arguendo, that Crestmark was carrying on a trade or              
          business, it has not met its burden of proof with respect to                
          these deductions.  It presented no canceled checks, receipts, or            
          other evidence establishing that any claimed business expenses              
          were ever paid, the amount of the payments, or any other evidence           
          that any part of the claimed expenses were paid for the purposes            
          designated.  The only witness to testify about the claimed                  
          deductions was Boehm.  His testimony was vague, conclusory, and             
          self-serving, and we are not required to accept it.  See                    
          Niedringhaus v. Commissioner, 99 T.C. 202, 219 (1992).                      
          Consequently, we uphold respondent's disallowance of Crestmark’s            
          deductions.                                                                 
               To reflect the foregoing and concessions by the parties,               

                                             Decisions will be entered                
                                        under Rule 155.                               








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