Martin and Suzanne Higbee - Page 10




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          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).  Since             
          section 7491(a) does not alter the taxpayer's burden of proof               
          where the taxpayer has not complied with all applicable                     
          substantiation requirements, including those of section 274(d),             
          sec. 7491(a) does not apply here.  Higbee v. Commissioner, 116              
          T.C. 438, 442 (2001).  Taxpayers have the burden of proving that            
          they meet each of the conditions of section 7491(a), because the            
          conditions are necessary prerequisites to establishing that the             
          burden of proof is on the Secretary.  H. Conf. Rept. 105-599, at            
          239 (1998), 1998-3 C.B. 747, 993.                                           
               Section 162(a) allows a taxpayer to deduct all ordinary and            
          necessary business expenses paid or incurred during the taxable             
          year in carrying on any trade or business.  To be "necessary" an            
          expense must be "appropriate and helpful" to the taxpayer's                 
          business.  Welch v. Helvering, 290 U.S. 111, 113 (1933).  To be             
          "ordinary" the transaction which gives rise to the expense must             
          be of a common or frequent occurrence in the type of business               
          involved.  Deputy v. du Pont, 308 U.S. 488, 495 (1940).  No                 
          deduction is allowed for personal, living, or family expenses.              
          Sec. 262(a).                                                                
               Generally, if a claimed business expense is deductible, but            
          the taxpayer is unable to substantiate it, the Court is permitted           
          to make as close an approximation as it can, bearing heavily                
          against the taxpayer whose inexactitude is of his or her own                






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