- 5 - was not substantial. Hart v. Commissioner, supra (trading was not substantial where taxpayer had 36, 30, and 15 sales of stock during each of the years in question); Paoli v. Commissioner, T.C. Memo. 1991-351 (trading was not substantial where taxpayer had 326 sales transactions, but sales were not regular and continuous). Accordingly, we find that petitioner was an investor, not a trader, and he is not allowed to deduct investment related expenses under section 162. Petitioners failed to substantiate the expenses in dispute as required under section 6001. Petitioner had no books and records. His handwritten notes do not constitute evidence of interest payments. His cash register receipts for alleged computer purchases do not total the amount claimed, nor do they show the method of depreciation used. There is nothing in the record about office expenses. In short, respondent disallowed these expenses for, inter alia, lack of substantiation. Nevertheless, at trial petitioner failed to substantiate his expenses. Therefore, petitioners may not deduct such expenses under section 212. We hold for respondent on these issues.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011