Barry and Penny Knelman - Page 6




                                         - 6 -                                          
          not ordinary and necessary expenses incurred in the pursuit of a              
          business.                                                                     
               Deductions are strictly a matter of legislative grace, and               
          taxpayers bear the burden of proving that they are entitled to                
          any deductions claimed on their return.  See Rule 142(a);                     
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992).  Section               
          162 permits deductions for ordinary and necessary expenses                    
          incurred in carrying on a trade or business, such as travel                   
          expenses and meals and entertainment expenses.  See sec. 162(a).              
               Section 262, however, precludes deductions for personal,                 
          living, or family expenses not otherwise expressly allowed.  For              
          example, commuting expenses between a taxpayer’s home and place               
          of business are personal expenses and thus not deductible.  See               
          Commissioner v. Flowers, 326 U.S. 465, 469-470 (1946); Sanders v.             
          Commissioner, 439 F.2d 296, 297 (9th Cir. 1971), affg. 52 T.C.                
          964 (1969); Roy v. Commissioner, T.C. Memo. 1997-562, affd.                   
          without published opinion 182 F.3d 927 (9th Cir. 1999); secs.                 
          1.162-2(e), 1.262-1(b)(5), Income Tax Regs.  The fact that a                  
          taxpayer chooses to live a substantial distance from his place of             
          business provides no exception to this general rule.  See                     
          Commissioner v. Flowers, supra at 470, 473; Sisson v.                         
          Commissioner, T.C. Memo. 1994-545, affd. without published                    
          opinion 108 F.3d 339 (9th Cir. 1996).  In addition, the living                
          expenses incurred as a result of this decision are also                       






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011