David D. Brayshaw and Nora D. Brayshaw - Page 15




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          Petitioners argue that the expenses incurred in making these                
          purchases are deductible under section 179.                                 
               A taxpayer may elect to expense, rather than capitalize,               
          certain property used in a trade or business.  Sec. 179(a), (c).            
          The election must be made on the taxpayer’s first income tax                
          return for the taxable year to which the election applies.  Sec.            
          179(c)(1)(B); sec. 1.179-5(a), Income Tax Regs.  Petitioners did            
          not elect to expense the computer equipment on their 1996 return.           
          Therefore, they are not entitled to a deduction for the equipment           
          under section 179.  Furthermore, we find that petitioners are not           
          entitled to any other deduction for the equipment because                   
          petitioners have not substantiated the business versus personal             
          usage of the computer equipment, as required under section                  
          274(d), discussed supra.  For the same reason, petitioners are              
          not entitled to deductions for the rental of a scan converter and           
          other computer equipment, or for their subscription to Compuserve           
          online service.  See sec. 274(d).                                           
               Travel expenses and professional licenses                              
               Mr. Brayshaw testified that he incurred numerous deductible            
          expenses in business-related travel.  He provided receipts as               
          substantiation.  The receipts, standing alone, do not provide the           
          level of substantiation which is required under section 274(d).             
          However, Mr. Brayshaw was able to explain certain of the receipts           
          at trial in great enough detail to provide adequate                         






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