Thomas W. Burton - Page 7




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          the extent of $321 ($642 less 50 percent pursuant to section                
          274(n)), and of travel expense to the extent of $1,516.  Thus,              
          petitioner is entitled to deduct $4,312 for meals and                       
          entertainment and $5,017 for travel in addition to the amounts              
          allowed by respondent.                                                      
               In 1994, petitioner did not have enough cashflow to fully              
          pay off his credit cards, so he made minimum payments.  In 1995,            
          petitioner was able to pay an accumulated balance and the                   
          corresponding interest.  Petitioner deducted $26,113 of interest            
          expense on his Schedule C.  Respondent allowed the deduction of             
          $7,000 but disallowed $19,113 of the alleged interest expense               
          paid to the credit card company, MBNA.  Respondent contends that            
          petitioner did not substantiate that he paid the $19,113 in                 
          interest or that the expense is deductible under section 162.               
               In general, there is "allowed as a deduction all interest              
          paid or accrued within the taxable year on indebtedness."  Sec.             
          163(a).  Nevertheless, an individual is not entitled to a                   
          deduction for personal interest.  Sec. 163(h).  Certain interest,           
          including "interest paid or accrued on indebtedness properly                
          allocable to a trade or business (other than the trade or                   
          business of performing services as an employee)" is not personal            
          interest. Sec. 163(h)(2)(A).  Because petitioner is a cash basis            
          taxpayer, interest allocable to his business debts is deductible            
          when paid.  Sec. 163(a).                                                    
               Petitioner's bookkeeper testified that petitioner used his             
          MBNA credit card almost exclusively for business purposes and               





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