Diesel Country Truck Stop, Inc. - Page 39




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          devoid of any evidence that any of these expenses satisfy the               
          heightened substantiation requirements of section 274(d).                   
               We hold for respondent on this issue.                                  
          C. Rent Expenses                                                            
               Respondent contends that, under section 162(a), petitioner             
          is not entitled to the disputed rent business expenses deduction            
          because petitioner has failed to substantiate that the expenses             
          (1) were incurred and (2) were ordinary and necessary expenses of           
          petitioner’s trade or business.                                             
               Petitioner maintains that the requirements of section 162(a)           
          are satisfied.                                                              
               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,            
          supra; Welch v. Helvering, supra.                                           
               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”.  See, e.g., Lucas v.                    
          Commissioner, supra.  Under section 6001 and section 1.6001-1(a)            
          and (e), Income Tax Regs., a taxpayer must keep such permanent              
          books of account or records as are sufficient to establish the              
          amount of gross income, deductions, credit, or other matters                






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