Valentina Perrah v. Commissioner - Page 5




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          expenses incurred in carrying on a trade or business during the             
          taxable year.  The question of whether an expenditure satisfies             
          the requirements of section 162 is one of fact.  Commissioner v.            
          Heininger, 320 U.S. 467 (1943).  Section 274(d) provides guidance           
          with respect to certain deductions.  Specifically, it sets forth            
          technical rules for substantiation of expenses relating to travel           
          and meals.                                                                  
               Deductions are a matter of legislative grace, and a taxpayer           
          bears the burden of proving that he or she is entitled to any               
          deductions claimed.2  Rule 142(a); INDOPCO, Inc. v. Commissioner,           
          503 U.S. 79, 84 (1992).  Accordingly, petitioner must show that             
          she incurred and/or paid the expense as an ordinary and necessary           
          expense of her business.  For expenses covered under section                
          274(d), petitioner must produce (1) adequate records or (2)                 
          sufficient evidence to corroborate her own statements.  Sec.                
          1.274-5T(c)(1), Temporary Income Tax Regs., 50 Fed. Reg. 46016              
          (Nov. 6, 1985).  Adequate records include such things as an                 
          account book, diary, log, statement of expense, or other similar            
          record in which entries of expenses are recorded at or near the             
          time of the expense.  Id.  In addition, petitioner must produce             
          documentary evidence such as receipts or paid bills.  Sec. 1.274-           


               2 Because the examination commenced prior to July 22, 1998,            
          sec. 7491 burden of proof and production standards are not                  
          applicable.  See sec. 7491.                                                 






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