- 10 - undated, handwritten Estimated Income Tax Voucher for the 1994 taxable year and a New York income tax adjustment statement to substantiate his State income tax deduction. As previously noted, the New York income tax adjustment shows that petitioner estimated his New York State income taxes to be $25,000 when he submitted Form IT-370, and had $2,610 withheld in New York State income tax for the 1994 taxable year. The Estimated Income Tax Voucher states that petitioner made an estimated New York State income tax payment of $35,000. However, the Estimated Income Tax Voucher lacks credibility because petitioner has not produced a check or other evidence of actual payment, and the amount shown thereon is inconsistent with the amount shown on the New York income tax adjustment. We uphold respondent's determination that petitioner is entitled to deduct, as an itemized deduction, only $2,610 which is attributable to New York State income tax withheld because this amount constituted payments of income tax made in 1994. Petitioner has not shown that the $25,000 attributable to estimated tax payments submitted with Form IT-370 was paid in 1994. Lastly, petitioner claims $16,500 in travel expenses and $14,400 for meals and entertainment expenses. In order to deduct an expense pursuant to section 162(a), petitioner must show that each item was (1) paid or incurred during the taxable year, (2)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011