James Triplett - Page 7




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          1.446-1, Income Tax Regs.                                                   
               According to the explanation contained in the notice of                
          deficiency, all of the deductions claimed on the Schedule C were            
          disallowed for lack of substantiation.  It appears that                     
          respondent now agrees, or at least does not dispute, that during            
          1993 petitioner paid the $10,000 fine imposed in connection with            
          his 1984 criminal tax conviction.6  Nevertheless, petitioner is             
          not entitled to a deduction for the payment of the fine because             
          “no deduction shall be allowed * * * for any fine or similar                
          penalty paid to a government for the violation of any law.”  Sec.           
          162(f).                                                                     
               With respect to the other deductions claimed on the Schedule           
          C, we agree with respondent that petitioner has failed to provide           
          adequate substantiation that the underlying expenses have been              
          paid.  At trial, petitioner presented a manila folder filled with           
          bundles of records from 1993.  The bundles include assorted                 
          photocopies of invoices, bills, statements, and receipts.  There            
          is no spreadsheet or other document that explains how these                 
          records correspond to the specific deductions claimed on the                
          Schedule C, and petitioner was unable to provide such an                    
          explanation at trial.  Many of the invoices, bills, statements,             


               6  According to petitioner, the $10,000 payment he made to             
          the Government was not a “fine”, but reimbursement to the United            
          States for the litigation costs incurred in connection with his             
          criminal tax conviction.                                                    





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