Jefferry Phuong Vo and Mai Xuan Nguyen - Page 8




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          “appropriate” or “helpful” in the development of the taxpayer's             
          business.  Welch v. Helvering, supra.  Unless expressly provided            
          for, section 262 prohibits deductions for personal, living, or              
          family expenses.                                                            
               The basis of respondent’s determination that the expenses at           
          issue are not ordinary and necessary appears to be that the                 
          expenses were personal in nature and not related to petitioner’s            
          business of selling generators.  Based on petitioner’s                      
          explanations at trial, we are satisfied that the following                  
          expenses are ordinary and necessary expenses incurred in                    
          petitioners’ business:                                                      
                    Advertising                   $94                                 
                    Car & truck expenses          256                                 
                    Depreciation                  1,600                               
                    Office expenses               103                                 
                    Rent                     12,600                                   
                    Utilities                     2,755                               
                    Other                           724                               
                    Total                    18,132                                   
               We found credible petitioner’s testimony that the San Jose             
          property was used for business purposes and not as their personal           
          residence despite the fact that petitioners rented the property             
          under a residential lease that provides that the property is to             
          be “used only as a private residence”.  With respect to the                 
          expenses related to petitioners’ truck (depreciation, car &                 
          truck, and $524 of “other” expense), petitioner testified that he           
          and his wife used the truck to transport solar panels, to                   






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