- 13 - Accordingly, your 1992 and 1994 taxable incomes are increased $5,000.00 and $3,558.00, respectively. Specifically, with respect to the disallowed Amazona loss, respondent determined that it had not been established that the entertainment fees, legal fees, travel expenses, and meal and entertainment expenses claimed for the S corporation on petitioner’s 1992 return were (1) ordinary and necessary business expenses, or (2) expended for the purposes indicated. Respondent further determined that petitioner was liable for a penalty under section 6662(a) for 1992, 1993, 1994, and 1995 for substantial understatements of income tax with respect to the entire underpayment for each year. OPINION Issue 1. Villa del Mar Business Deductions Section 162(a) allows a taxpayer a deduction for all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a business. To be deductible under section 162, an expense must be directly connected with or proximately result from the taxpayer’s business. See Kornhauser v. United States, 276 U.S. 145, 153 (1928). Capital expenditures, however, may not be deducted under section 162, but instead, generally must be added to the basis of the capital asset for which they are incurred. See Woodward v. Commissioner, 397 U.S. 572, 574-575 (1970); see also secs. 263, 261, 161. InPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011