James M. Nitschke and Patricia S. Nitschke - Page 3




                                        - 3 -                                         
                                        Claimed    Adjustment   Allowed               
               Melaleuca Business                                                     
                    Office expenses      $3,232   ($3,232)       $0                   
                    Supplies                885   585            1,470                
                    Meals/Entertainment   1,638   (1,151)        487                  
                    Travel expenses       2,835   (1,681)        1,154                
                    Other expenses        7,424   (2,794)        4,630                
               Musician Business                                                      
                    Advertising             257   4   261                             
                    Car/Truck expenses    2,132   (1,548)        584                  
               Itemized Deductions                                                    
                    Miscellaneous         8,915   (197)1         8,718                
          The notice of deficiency stated that the various business                   
          expenses were disallowed because it had not been established that           
          each amount “was for an ordinary and necessary business expense,            
          or was expended for the purpose designated.”                                
               Section 162(a) allows a deduction for the ordinary and                 
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  Personal, living, and family              
          expenses, however, generally are not allowed as deductions.  See            
          sec. 262.                                                                   
               A taxpayer is required to maintain records sufficient to               
          establish the amount of his income and deductions.  See sec.                
          6001; sec. 1.6001-1(a), (e), Income Tax Regs.  In the event that            
          a taxpayer establishes that a deductible expense has been paid              
          but is unable to substantiate the precise amount, we generally              
          may estimate the amount of the deductible expense, bearing                  


          1This adjustment was computational and is not disputed by                   
          petitioners.                                                                





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