Umit Tarakci - Page 17




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          claimed.  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 records sufficient to enable the                       
          Commissioner to determine the taxpayer’s correct tax liability.             
          See sec. 6001; sec. 1.6001-1(a), Income Tax Regs.                           
               Section 162(a) allows a deduction for all ordinary and                 
          necessary expenses incurred during the taxable year in carrying             
          on a trade or business.  To be “necessary” an expense must be               
          “appropriate and helpful” to the taxpayer’s business.  Welch v.             
          Helvering, 290 U.S. 111, 113 (1933).  To be “ordinary” the                  
          transaction which gives rise to the expense must be of common or            
          frequent occurrence in the type of business involved.  Deputy v.            
          du Pont, 308 U.S. 488, 495 (1940).                                          
               The Schedule C deductions in issue fall into eight                     
          categories:  (1) Legal and professional fees; (2) depreciation;             
          (3) travel and meals; (4) equipment transportation and storage;             
          (5) office; (6) telephone; (7) security; and (8) advertising.               





               10(...continued)                                                       
          burden of proof to the Commissioner, subject to certain                     
          limitations, where a taxpayer introduces credible evidence with             
          respect to factual issues relevant to ascertaining the taxpayer’s           
          liability for tax.  See Internal Revenue Service Restructuring              
          and Reform Act of 1998, Pub. L. 105-206, sec. 3001, 112 Stat.               
          726-727.  Respondent contends that the examination commenced                
          before July 22, 1998, and petitioner has not argued that sec.               
          7491 is applicable to him.                                                  





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