- 6 - 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 asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011