Victor and Lorain Cisneros - Page 7




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          only evidence presented at trial was a bank statement for 1 month           
          of a checking account in the name of Mrs. Cisneros showing                  
          various deposits and withdrawals, with the withdrawals                      
          purportedly reflecting the "losses" sustained.  The Court rejects           
          such evidence.  Petitioners have not established any losses to              
          offset the $1,000 winnings.  Respondent is sustained on this                
          issue.                                                                      
               With respect to the second issue regarding the disallowed              
          itemized deductions, as noted above, respondent disallowed all              
          the charitable contributions claimed by petitioners for 1998 and            
          1999.  Petitioners presented canceled checks at trial reflecting            
          charitable contributions totaling $30 for 1998 and $62 for 1999.            
          On this record, the Court is satisfied that petitioners are                 
          entitled to charitable contribution deductions of $300 for each             
          year at issue in accordance with this Court's discretionary                 
          authority under Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d             
          Cir. 1930).                                                                 
               As to the employee business expenses that were disallowed,             
          the record shows that the amounts claimed on the returns were               
          arbitrarily determined by Mr. Beltran, and those amounts cannot             
          be recognized.  Under section 274(d) and the regulations                    
          thereunder, such expenses are subject to strict substantiation              
          rules that require "adequate records" through either an account             
          book, diary, statement of expense, or similar record, as well as            





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