John J. Zanath - Page 7




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          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 expense             






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