- 25 - eligibility for offsets to gross income or deductions under section 162(a). Petitioner reported the subject expenditures as returns and allowances for both 1989 and 1990 and reduced the gross income reported on his Schedule C for each year by the total expenditures for the year. In his posttrial briefs, petitioner's principal position is that the subject expenditures are "ordinary and necessary and deductible under section 162." It is not clear whether petitioner also takes the position that the subject expenditures are "returns and allowances" that offset the gross receipts realized from the business reported on petitioner's Schedules C. However, it is not necessary to sort out petitioner's legal position because we find that petitioner has failed to adequately substantiate any of the subject expenditures either as an offset of the gross receipts of his Schedule C business or as an ordinary and necessary business deduction. During his testimony at trial, petitioner sometimes compared the fees that he claims to have received during 1989 and 1990 from the clients of his Schedule C business with the payments treated as returns and allowances that he claims to have made to, or on behalf of, some of those clients. As was true in the case of the returns andPage: 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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