- 29 - U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Petitioner has not met his burden of proving that the expenses he allegedly incurred in 1993 and 1994 were incurred in connection with a trade or business of petitioner. Petitioner testified that he served on the tribal council from October 1983 until March 1990. Although the expenses he incurred were for activities performed on behalf of the tribal council in 1993 and 1994, there is no evidence that he was performing services for the tribal council “with continuity and regularity” or that his primary purpose for performing the services was “for income and profit”. Groetzinger v. Commissioner, supra at 35. Even if we were to assume that the expenses allegedly incurred by petitioner were in connection with a trade or business, petitioner failed to prove that he did not, and would not, receive the reimbursement to which he claimed he was entitled under tribal council reimbursement policies. Moreover, petitioner failed to substantiate the expenses he claimed he was entitled to deduct. Although petitioner maintained some records and offered those records into evidence at trial, the documentation was inconsistent, incoherent, and insufficient to enable us to determine which of the expenses, if any, were deductible and which were not. Petitioner submitted three types of proof to substantiate his expenses: (1) An “account ofPage: 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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