Clair and Judith Worthington - Page 4




                                        - 4 -                                         
          not allowed as a deduction unless the income such items represent           
          has been included in the return of income for the year for which            
          the deduction as a bad debt is claimed or for a prior taxable               
          year.  See Gertz v. Commissioner, 64 T.C. 598 (1975); Garrison v.           
          Commissioner, T.C. Memo. 1994-200, affd. without published                  
          opinion 67 F.3d 299 (6th Cir. 1995); sec. 1.166-1(e), Income Tax            
          Regs.                                                                       
               At trial, petitioners submitted various stopped checks and             
          work orders and claimed that these items substantiate their                 
          claimed bad debt deductions.  Contrary to petitioners'                      
          assertions, these documents do not demonstrate that the income              
          which gave rise to these items was in fact included in their                
          gross income.  Although petitioner was a well-spoken witness, he            
          has not furnished any documentation that would corroborate his              
          position.  In the present case, we cannot rely upon petitioner's            
          self-serving, uncorroborated testimony.  See Niedringhaus v.                
          Commissioner, 99 T.C. 202, 219-220 (1992); Tokarski v.                      
          Commissioner, 87 T.C. 74, 77 (1986).  The tax law requires                  
          taxpayers to substantiate amounts claimed as deductions by                  
          maintaining the records necessary to establish such entitlement.            
          See Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per              
          curiam 540 F.2d 821 (5th Cir. 1976); sec. 1.6001-1(a), Income Tax           
          Regs.  During the trial, petitioner admitted that he destroyed              
          the  worksheets that he claims might have substantiated his                 
          position.  Moreover, petitioners have not submitted evidence that           




Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011