- 12 - the day care activity was $819. Respondent disallowed all of the claimed expenses for lack of substantiation. Both petitioner and Mrs. Willits testified that they maintained records of their expenses and that they turned these records and receipts over to their accountant. However, the accounting firm with which the accountant had been associated split apart, and as a result, records were lost. None of the records were reconstructed. Mrs. Willits was able to substantiate only certain expenses by her testimony, but for the most part Mrs. Willits’ testimony lacked detail, and she had difficulty with her recollection of the expenses. Section 162(a) allows the deduction of “ordinary and necessary” expenses paid or incurred during the taxable year in carrying on any trade or business. Whether an expenditure is ordinary and necessary is a question of fact. See Commissioner v. Heininger, 320 U.S. 467, 475 (1943). An ordinary and necessary expense is one which is appropriate and helpful to the taxpayer’s business and which results from an activity which is a common and accepted practice in the business. See Boser v. Commissioner, 77 T.C. 1124, 1132 (1981), affd. without published opinion (9th Cir., Dec. 22, 1983). Deductions are a matter of legislative grace. See INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). Taxpayers must keep sufficient records to establish deduction amounts. See sec.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011