- 38 - any resulting net operating loss attributable to) any losses associated with the $460,000 letter of credit payment because: (1) Petitioners failed to substantiate the deduction; and (2) the claimed loss arose from a contingent liability that was not determined until 1992, when the litigation between Towers Construction and Key West Polo was concluded. Cost of goods sold is not a deduction within the meaning of section 162(a) but instead is subtracted from gross receipts in determining a taxpayer’s gross income. See Max Sobel Wholesale Liquors v. Commissioner, 69 T.C. 477 (1977), affd. 630 F.2d 670 (9th Cir. 1980); sec. 1.162-1(a), Income Tax Regs. Taxpayers must show their entitlement to amounts claimed as cost of goods sold, see Rule 142(a), and must keep sufficient records to substantiate the cost of goods sold, see sec. 6001; Newman v. Commissioner, T.C. Memo. 2000-345. Petitioners have failed to document Towers Construction’s gross sales or to substantiate any expenses or costs relating to any gross sales. Accordingly, petitioners have failed to establish that Towers Construction is entitled to claim cost of goods sold or, if it is, what the proper amount of cost of goods sold might be. Petitioners have also failed to establish that the amount in dispute is allowable as an ordinary and necessary business expense under section 162(a). Pursuant to the letter of credit,Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011