- 43 - information was the subject of stipulations entered into after the 15-day period specified in our pretrial order had expired. Finally, we note that even if we admit the checks offered by petitioner as proof that Universal paid the payees named therein, petitioner is still required to prove that the payments were ordinary and necessary business expenses. See Interstate Transit Lines v. Commissioner, 319 U.S. 590, 593 (1943) (taxpayer must prove entitlement to any deduction claimed). For all these reasons we conclude that respondent would not be prejudiced by our admission of the checks submitted by petitioner and that in fairness we should admit them into evidence. B. Did Petitioner Prove His Entitlement to Deductions? Petitioner asserts that the checks prove his entitlement to deductions for the following categories of expenses: Water; electricity; gas; home office cleaning and maintenance; medical insurance; life insurance; equipment; subscriptions and publications; cellular phone service; supplies; automobile; trash pickup; and miscellaneous. However, the information contained on many of the checks does not prove that the checks were actually used to pay expenses of the category claimed. More importantly, the checks appear to have been used to pay expenses that could be either business or personal, depending on the circumstances. In the absence of any evidence of the business purpose of thesePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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