John J. Zanath - Page 8




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          is one that relates to a transaction “of common or frequent                 
          occurrence in the type of business involved”, Deputy v. du Pont,            
          308 U.S. 488, 495 (1940), and a necessary expense is one that is            
          “appropriate and helpful” for “the development of the                       
          petitioner’s business,” Welch v. Helvering, 290 U.S. 111, 113               
          (1933).                                                                     
               Respondent has conceded that petitioner incurred a portion             
          of the deducted expenses, but argues that they are not ordinary             
          and necessary business expenses.  To substantiate the remaining             
          expenses, petitioner presented checks and check duplicates in               
          amounts totaling $4,481.42 for payments for rent, utilities, and            
          office supplies.  In addition, he provided credit card statements           
          on which he made notations indicating the types of certain                  
          expenses, such as gas, lodging, or phone calls.  However,                   
          assuming arguendo that we would accept these documents as                   
          adequate substantiation, we find that these expenses (and those             
          expenses for which respondent has not challenged substantiation)            
          are not ordinary and necessary business expenses.  Petitioner’s             
          vague and uncertain testimony provided no connection between the            
          expenses and petitioner’s employment, and it is evident that many           
          if not all of the expenses are of an inherently personal nature,            
          nondeductible under section 262(a).                                         
               Petitioner argues that his employment in Minnesota was                 
          temporary, and that many of the expenses he incurred and claimed            






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