Tommy Owens, Jr. and Dawn R. Owens - Page 18




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          petitioners’ Schedule C gross receipts for each of the years at             
          issue.                                                                      
          Claimed Schedule C Deductions                                               
               Respondent disallowed petitioners’ claimed Schedule C car              
          and truck expenses for 1993, 1994, and 1995 in the amounts of               
          $11,550, $9,352, and $16,875, respectively.9                                
               Deductions are strictly a matter of legislative grace, and             
          petitioners bear the burden of proving that they are entitled to            
          any deductions claimed.  See INDOPCO, Inc. v. Commissioner, 503             
          U.S. 79, 84 (1992).                                                         
               Section 162(a) allows a deduction for ordinary and necessary           
          expenses paid or incurred during the taxable year in carrying on            
          any trade or business.  Section 274(d)(4) operates to disallow              
          any deduction otherwise allowable under, inter alia, section                
          162(a) with respect to, inter alia, any “listed property”, unless           
          the taxpayer satisfies the substantiation requirements of that              
          section.10  “Listed property” is defined in section 280F(d)(4) to           


               9Respondent did not disallow the remaining claimed Schedule            
          C car and truck expenses for 1993, 1994, and 1995 in the amounts            
          of $5,250, $5,438, and $5,625, respectively.                                
               10Sec. 274(d) provides in pertinent part:                              
               SEC. 274. DISALLOWANCE OF CERTAIN ENTERTAINMENT, ETC.,                 
                         EXPENSES.                                                    
               (d)  Substantiation Required.–-No deduction or credit                  
               shall be allowed--                                                     
                                                             (continued...)           






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