- 16 - INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). Section 162 generally allows a deduction for all the ordinary and necessary expenses paid or incurred in carrying on any trade or business. In order for petitioner to meet his burden of proof under section 162(a), he must prove the item claimed as a deductible business expense: (1) Was paid or incurred during the taxable year; (2) was for carrying on his trade or business; (3) was an expense; (4) was a necessary expense; and (5) was an ordinary expense. See Commissioner v. Lincoln Savs. & Loan Association., 403 U.S. 345, 352 (1971); Welch v. Helvering, supra. The determination of whether an expenditure satisfies the requirements of section 162 is a question of fact. Commissioner v. Heininger, 320 U.S. 467, 475 (1943). On this record, petitioner has failed to prove he is entitled to any business deductions under section 162, and we so hold.7 Additions to Tax Section 6651(a)(1) reads in pertinent part: In case of failure * * * to file any return * * * on the date prescribed therefor * * *, unless it is shown that such failure is due to reasonable cause and not due to wilful neglect, there shall be added to the amount required to be shown as tax on such return 5 percent of the amount of such tax if the failure is for 7 The findings in Kersting (Consolidated Cases) that none of the nominee corporations kept adequate books and records, and that petitioner used the nominee corporations to pay his personal living expenses render petitioner's claim to legitimate business expenses particularly suspect.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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