- 8 - amounts were deducted from petitioner’s gross wages for the VAF. On the other hand, as of April 30, 1994, $866 had been deducted from petitioner’s gross income for the escrow balance. Therefore, petitioners are entitled to a deduction of $866. Petitioners claimed a deduction for fuel of $804. Petitioner testified that he had to purchase fuel for the trucks out of his own pocket. Ortega did not have a fuel pump on its premises; therefore the drivers had to obtain fuel offsite. Petitioners did not provide any documentation to support this claimed expense deduction. However, petitioner was a credible witness, and we find that this was an ordinary and necessary expense which petitioner incurred. Therefore, petitioners are entitled to a deduction for fuel in the amount of $500. Cohan v. Commissioner, supra.7 The deduction for unpaid dispatch is the difference between the dispatch total the company earned and the driver’s total earnings. This amount was never included in petitioner’s gross income, was not paid by petitioner, and is therefore not deductible. 7 Typically, expenses for fuel, if purchased in connection with listed property under sec. 280F(d)(4)(A)(i) and (ii), must meet the strict substantiation requirements of sec. 274(d) and Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), cannot be applied. However, that rule does not apply for “any property substantially all of the use of which is in a trade or business of providing to unrelated persons services consisting of the transportation of persons or property for compensation or hire.” Sec. 280F(d)(4)(C).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011