Gary Friedmann - Page 25




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             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 and                     






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Last modified: May 25, 2011