James Triplett - Page 6




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          amended returns.5  In the notice of deficiency, respondent:                 
          (1) Disallowed all of the deductions claimed on the Schedule C              
          because petitioner failed to establish “that any amount was paid            
          for the designated purpose or that the expenditure, if paid,                
          constitutes an ordinary and necessary business expense”; (2)                
          disallowed the “carry forward loss” credit because “there is no             
          provision in the Internal Revenue Code for such a credit” and               
          because petitioner “did not sustain a net operating loss * * * in           
          any taxable year prior to 1993”; and (3) determined that the                
          entire understatement of tax required to be shown on petitioner’s           
          1993 return is due to negligence and imposed a section 6662                 
          accuracy-related penalty.                                                   
                                     Discussion                                       
          1.   Schedule C Deductions                                                  
               Section 162(a) allows a deduction for ordinary and necessary           
          expenses paid or incurred during the taxable year in carrying on            
          a trade or business.  In the case of a taxpayer who uses the cash           
          method of accounting, entitlement to a section 162(a) deduction             
          presupposes that the taxpayer can substantiate by sufficient                
          records that the underlying expense has been paid.  Sec. 6001;              
          sec. 1.6001-1(a), (e), Income Tax Regs.; see also sec. 446; sec.            


               5  E.g., according to the notice of deficiency, the gain               
          realized from the sale of the condominium is includable in                  
          petitioner’s 1993 income because he has “not established the                
          requirements of section 121 or section 1034 * * * have been met”.           





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