- 4 - Claimed Amount Amount Expense on Return Allowed Disallowed Outside services $ 7,300 $ 2,500 $4,800 Appraisal fees 1,500 1,100 400 Telephone 1,743 1,200 543 Postage 618 400 218 Rent 4,860 4,400 460 Car & truck expenses 5,772 3,960 1,812 Totals $21,793 $13,560 $8,233 No adjustments were made as to the reported gross income or the other Schedule C expenses. The adjustments shown above were disallowed for lack of substantiation.4 Section 162(a) allows a deduction for the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. An expense must be ordinary and necessary within the meaning of section 162(a). Deputy v. duPont, 308 U.S. 488, 495 (1940). A taxpayer is required to maintain records to establish the amount of income and deductions claimed on a return. Sec. 6001; sec. 1.6001-1(a), Income Tax Regs. 4 Petitioner did not participate in the audit process due to his incarceration for a criminal infraction associated with his loan brokerage business. Freddie T. Franklin, petitioner's wife, presented substantiating information to respondent during the audit process that resulted in the expenses allowed shown above. Prior to issuance of the notice of deficiency, Mrs. Franklin applied for and was administratively granted relief from joint liability for the 1996 tax year, presumably under sec. 6015. None of the documentation surrounding Mrs. Franklin's relief was offered into evidence, and petitioner raised no objection in this case toward the granting of relief to his spouse. Respondent did not issue a notice of deficiency to Mrs. Franklin.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011