Eng Guek Kang - Page 16




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          $16,972 and $16,945, in 1996 and 1997, respectively.  Respondent            
          allowed $15,520 and $11,067, respectively.                                  
               At trial, Mr. Ngo provided rent statements for 1996 and 1997           
          from PHI Excess Properties showing the amounts paid by Mr. Ngo on           
          behalf of Donut Star.  We find that Mr. Ngo has satisfied his               
          burden to substantiate the rent or lease payments made on behalf            
          of Donut Star during 1996 and 1997.  Mr. Ngo’s claimed deduction            
          is sustained.                                                               
               2.  Utilities                                                          
               Mr. Ngo claimed utility expense deductions of $8,180 and               
          $7,922 in 1995 and 1997, respectively.  Respondent allowed $5,929           
          and $2,033, respectively.                                                   
               After reviewing the record, we find that Mr. Ngo’s business            
          ledger sufficiently supports, and thus substantiates, the utility           
          expenses of Donut Star in the following amounts.  For 1995, Mr.             
          Ngo is entitled to a total deduction of $7,897.54.  For 1997, Mr.           
          Ngo is entitled to a total deduction of $4,355.82.                          
               3.  Legal and Professional Fees                                        
               Mr. Ngo claimed a deduction for legal and professional fees            
          of $600 and $4,861 in 1995 and 1997, respectively.  Respondent              
          disallowed $300 in 1995 and the entire amount in 1997.                      
               Generally, legal fees may be deductible under section 162(a)           
          only if they are connected to a taxpayer’s trade or business.               
          See Guill v. Commissioner, 112 T.C. 325, 328-329 (1999); Davis v.           






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