- 26 - charitable deduction under sections 170 and 7871. In his brief, petitioner claims that, for 1993, he has not been reimbursed by the tribe for $7,072 in direct expenses and $4,950 in meeting payments (66 meetings charged at $75 each)16 and, for 1994, he has not been reimbursed for $9,089 in direct expenses and $7,725 in meeting payments (103 meetings charged at $75 each). Respondent argues that in order to claim a deduction under section 162(a), petitioner must have incurred and paid the expenses he seeks to deduct, and, therefore, petitioner cannot deduct the meeting payments. Respondent further argues that petitioner has not presented credible evidence to substantiate the deductions for direct expenses. Section 162(a) Deduction Section 162(a) permits a taxpayer to deduct the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. See Commissioner v. Lincoln Sav. & Loan Association, 403 U.S. 345, 352 (1971). In order for a taxpayer “to be engaged in a trade or business, the taxpayer must be involved in the activity with continuity and regularity and * * * the taxpayer’s primary purpose for engaging in the activity must be for income or profit.” Groetzinger v. Commissioner, 480 U.S. 23, 35 (1987). An expense is ordinary if 16Petitioner actually claimed in his brief that he was owed $5,050 in meeting payments.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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