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