Diesel Country Truck Stop, Inc. - Page 37




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          B. Automobile Expenses                                                      
               Respondent contends that, under section 162(a), petitioner             
          is not entitled to the disputed automobile business expense                 
          deduction because petitioner (a) failed to substantiate that the            
          expenses (1) were incurred and (2) were ordinary and necessary              
          expenses of petitioner’s trade or business, and (b) failed to               
          meet the strict record-keeping requirements of section 274(d).              
               Petitioner maintains that the requirements of section 162(a)           
          are satisfied, at least to the extent of $15,220, the total of              
          the charges on the nine American Express monthly statements in              
          the record.                                                                 
               We agree with respondent.                                              
               A taxpayer seeking a deduction has the burden of overcoming            
          the presumption of correctness that attaches to the                         
          Commissioner’s factual determinations in the notice of                      
          deficiency.  See Rule 142(a); New Colonial Ice Co. v. Helvering,            
          292 U.S. 435, 440 (1934); Welch v. Helvering, 290 U.S. 111, 115             
          (1933).                                                                     
               Section 162(a) allows a deduction for “all the ordinary and            
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business”.  E.g., Lucas v. Commissioner,           
          79 T.C. 1, 6 (1982).  Under section 6001 and section 1.6001-(a)             
          and (e), Income Tax Regs., a taxpayer must keep such permanent              
          books of account or records as are sufficient to establish the              






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