Kevin E. O'Brien - Page 3




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               On Schedule A filed with his 1993 Federal income tax return,           
          petitioner claimed the following as unreimbursed employee                   
          business expenses:                                                          
                    Expense                            Amount                         
                    Vehicle                            $6,351                         
                    Parking                               780                         
                    Travel                              5,892                         
                    Business                            6,986                         
                    Meals and entertainment1           5,594                          
                    Total                              25,603                         
                    1 After the 20 percent reduction.  See sec. 274(n).               
               Respondent disallowed the claimed expenses for failure to              
          substantiate.  Petitioner alleges that his records were destroyed           
          in November 1996 due to a rainstorm which flooded his apartment.            
          Petitioner recently found copies of the calendar in storage.                
               Deductions are a matter of legislative grace.  See INDOPCO,            
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice              
          Co. v. Helvering, 292 U.S. 435, 440 (1934).  A taxpayer must                
          substantiate any deductions claimed and bear the burden of                  
          substantiation.  See Hradesky v. Commissioner, 65 T.C. 87, 89-90            
          (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976).  Taxpayers           
          are required to maintain adequate records sufficient to establish           
          the amounts of the deductions.  See sec. 6001; Meneguzzo v.                 
          Commissioner, 43 T.C. 824, 831-832 (1965).                                  
               Section 162(a) allows a taxpayer to deduct all ordinary and            
          necessary business expenses paid or incurred during the taxable             








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