Leon and Mamie M. Gaither - Page 7




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               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 a                






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