- 6 - 280F(d)(4). To meet the strict substantiation requirements, the taxpayer must substantiate the amount, time, place, and business purpose of the expenses. Sec. 274(d); sec. 1.274-5T, Temporary Income Tax Regs., 50 Fed. Reg. 46006 (Nov. 6, 1985). Petitioner presented no substantiation of the NOL, which he argued was carried forward from a prior year. Pursuant to section 172(b), a taxpayer can carry an NOL back 2 years and any remaining loss forward 20 years, unless an election is made to waive the carryback. Although petitioner did provide copies of tax returns from prior years, these returns merely contain assertions made by petitioner and do not substantiate either that an NOL was sustained or that any amount was available to carry forward. Petitioner made statements at trial indicating he concedes this issue. With or without such a concession, we hold that petitioner is not entitled to a deduction for an NOL carryover. The second issue for decision is whether petitioner is entitled to a deduction for employee business expenses of $19,105.30. As a general rule, ordinary and necessary business expenses are deductible in the year paid, while personal, family, and living expenses are not deductible. Secs. 162(a), 262(a). Deductible business expenses may be paid by a taxpayer who is in the trade or business of being an employee. Primuth v. Commissioner, 54 T.C. 374, 377-378 (1970). An ordinary expensePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011