Ralph Louis Vitale, Jr. - Page 26




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          business expenses.15  Section 162(a) allows a deduction for all             
          ordinary and necessary expenses incurred in carrying on a trade             
          or business.  Whether an expense is deductible under section 162            
          is ultimately a question of fact.  See Commissioner v. Heininger,           
          320 U.S. 467, 475 (1943).  An ordinary and necessary expense is             
          one which is appropriate or helpful to the taxpayer's business              
          and which results from an activity which is a common and accepted           
          practice.  See Boser v. Commissioner, 77 T.C. 1124, 1132 (1981),            
          affd. by order (9th Cir. 1983).  No deduction, however, is                  
          allowed for personal, living, or family expenses, even if related           
          to one's occupation.  See sec. 262; Fred W. Amend Co. v. Commis-            
          sioner, 55 T.C. 320, 325 (1970), affd. 454 F.2d 399 (7th Cir.               
          1971).                                                                      
               Deductions are strictly a matter of legislative grace, and             
          petitioner bears the burden of providing supporting evidence to             
          substantiate the claimed deductions.  See Rule 142(a); INDOPCO,             
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992).  A taxpayer must              
          keep sufficient records to establish their amount.  See sec.                
          6001.  Except in the case of expenses subject to section 274, if            
          the taxpayer's records are inadequate or there are no records,              
          the Tax Court may still allow a deduction based on a reasonable             
          estimate, see Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d               


               15Respondent makes no claim that these amounts, if otherwise           
          allowable, must be capitalized rather than deducted currently.              





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