- 18 - IV. Claimed Business Expenses From our holding above, it follows that petitioners would not be entitled to deduct claimed business expenses on Schedules C by reason of petitioner’s status as an employee of DWP. In addition, any deduction of the claimed business expenses, even on Schedules A, is precluded on account of petitioners’ failure properly to substantiate the expenditures. The business expenditures potentially deductible in accordance with sections 62(a) and/or 67 are described in section 162(a) as “all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”. For purposes of this section, an individual may engage in the trade or business of rendering services as an employee. Johnson v. Commissioner, 115 T.C. 210, 217 (2000); O’Malley v. Commissioner, 91 T.C. 352, 363-364 (1988). The breadth of section 162(a) is tempered by the requirement that any amount claimed as a business expense must be substantiated, and taxpayers are required to maintain records sufficient therefor. Sec. 6001; Hradesky v. Commissioner, 65 T.C. 87, 89-90 (1975), affd. 540 F.2d 821 (5th Cir. 1976); sec. 1.6001-1(a), Income Tax Regs.1 When a taxpayer adequately 1 Sec. 7491, effective for court proceedings which arise in connection with examinations commencing after July 22, 1998, can operate in specified circumstances to place the burden of proof on the Commissioner if the taxpayer introduces credible evidence (continued...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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