Hubert and Flora M. Swaringer - Page 7




                                        - 6 -                                         
          activity.  In short, as petitioner recognized, the so-called                
          gifts were a part of the compensation he received for being a               
          minister.  As such, the transfers are not excludable from income            
          under section 102(a).  See Goodwin v. United States, 67 F.3d 149            
          (8th Cir. 1995); Webber v. Commissioner, 219 F.2d 834 (10th Cir.            
          1955), affg. 21 T.C. 742 (1954); Banks v. Commissioner, T.C.                
          Memo. 1991-641.                                                             
          B. Schedule C Expenses                                                      
               Section 162(a) allows deductions for ordinary and necessary            
          expenses paid or incurred in carrying on any trade or business              
          including travel expenses while away from home.  The taxpayer has           
          the burden of establishing that such expenses were paid or                  
          incurred.  See Welch v. Helvering, 290 U.S. 111 (1933).  In                 
          addition, certain other provisions mandate that a taxpayer                  
          maintain specific records concerning certain types of expenses.             
          See sec. 274.  With these principles in mind we turn to the                 
          expenses claimed and in dispute here.                                       
               1.  Automobile.--Petitioners claimed a deduction of $9,294             
          for automobile expenses.  Respondent disallowed $7,966 of that              
          amount.  The deduction claimed was based on the number of miles             
          allegedly driven in connection with petitioner’s ministry.                  
          Section 274(d)(4) provides that no deduction shall be allowed               
          with respect to “listed property” unless certain substantiation             
          rules are met.  Listed property includes any passenger                      






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011