- 6 - With minor exceptions, in the notice of deficiency respondent disallowed all of the deductions claimed on the Schedules C. According to the explanation contained in the notice of deficiency, the deductions were disallowed because “it has not been established that * * * these amounts were for ordinary and necessary business expense (sic) of your business”. [Emphasis added.] At trial, respondent further explained that the deductions were disallowed because the underlying expenses were determined to be PSI’s expenses, not petitioner’s. In the notice of deficiency, respondent further determined that for each year in issue petitioners are liable for the addition to tax under section 6651(a)(1) for the failure to file a timely Federal income tax return, and that petitioners are liable for an accuracy-related penalty under section 6662(a) because the underpayment of tax required to be shown on their return is due to negligence. Discussion A. Schedule C Expenses In general, section 162(a) allows a taxpayer to deduct all “ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”. To qualify for a deduction under section 162(a), the expense paid or incurred by the taxpayer must have been paid or incurred in the taxpayer’s trade or business. Generally, a shareholder of aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011