Charles A. and Carol M. Willits - Page 12




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          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.           






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