Harout and Manik Gapikia - Page 4




                                        - 4 -                                         
               Business mileage                             $1,158                    
               Cellular pager                                   514                  
               Telephone                                        113                  
               Printer and adding machine                       139                  
               Miscellaneous supplies                           86                   
               Meals and entertainment                          246                  
               Fees                                             390                  
               Tolls                                          246                     
               Total                                        2,892                     
               Respondent allowed petitioners’ deductions for the following           
          Schedule C expenses:                                                        
               Business mileage                                 $24                  
               Legal and professional expenses                  100                  
               Office expenses                                   5                    
               Supplies                                          189                  
               Utilities                                          13                  
              Total                                             331                  
               Respondent maintains that petitioners have failed to                   
          establish that the expenses claimed on their 1996 return for                
          which deductions have been disallowed are ordinary and necessary            
          within the meaning of section 162(a) and have failed to                     
          substantiate the expenses.2                                                 
                                     Discussion                                       
               Generally, a taxpayer may deduct all ordinary and necessary            
          expenses paid or incurred during the taxable year in carrying on            
          a trade or business.  See sec. 162(a).  No deduction is allowed             
          for personal, living, or family expenses.  See sec. 262.  Thus,             


               2  Unless otherwise indicated, section references are to the           
          Internal Revenue Code in effect for the year in issue.                      






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