Joseph B. Campbell - Page 29




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          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 of                  






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