Larry M. Petty and Jean L. Petty - Page 7




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          sioner, 877 F.2d 624, 631-632 (7th Cir. 1989), affg. T.C. Memo.             
          1987-295; Geiger v. Commissioner, 440 F.2d 688, 689-690 (9th Cir.           
          1971), affg. per curiam T.C. Memo. 1969-159; Tokarski v. Commis-            
          sioner, 87 T.C. 74, 77 (1986).                                              
               As for the documentary evidence on which petitioners rely,             
          some of that evidence establishes that petitioners paid certain             
          amounts for various expenditures.5  However, we find that that              
          documentary evidence does not show that any of those paid amounts           
          is deductible for 1993.                                                     
               On brief, respondent concedes that during 1993 Mr. Petty               
          operated a truck service Schedule C business.  However, respon-             
          dent contends on brief that petitioners have failed to establish            
          their entitlement for 1993 to the claimed Schedule C deductions             
          at issue.                                                                   
               Section 162(a) generally allows a deduction for ordinary and           
          necessary expenses paid during the taxable year in carrying on a            
          trade or business.  The determination of whether an expenditure             


               5Not all of the documentary evidence on which petitioners              
          rely establishes that petitioners paid the expenditures to which            
          that evidence relates.  For example, petitioners introduced                 
          carbon copies of the front, and not the back, of certain checks.            
          By way of further illustration of documentary evidence on which             
          we are unwilling to rely is a check that was endorsed on the back           
          by the payee and immediately thereunder reendorsed by Mr. Petty.            
          Under Mr. Petty’s endorsement appears petitioners’ bank account             
          number.  Finally, the documentary evidence proffered by petition-           
          ers included certain invoices which do not indicate that the                
          sales described in such invoices were made to, and paid by,                 
          petitioners.                                                                





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