- 12 - Respondent used BLS statistics to calculate petitioners’ net income for the 1996 tax year for the hairdressing activity because petitioners’ records were inadequate. By relying on the BLS statistics, respondent allowed petitioners’ deductions for expenses based on industry statistics but did not rely on petitioners’ actual and substantiated expenses. The examiner testified that “The only thing I was provided with substantially was a handful of checks for what was supposed to be expenses for her for the business.” Petitioners did not provide the Court with additional information to substantiate their expenses, such as receipts or testimony. Respondent’s use of the bank deposit analysis and BLS statistics to reconstruct income for 1996 is reasonable. Respondent’s determination in this regard is sustained. 3. Advertising Expenses Generally, a taxpayer is allowed a deduction for ordinary and necessary advertising expenses under section 162 and section 1.162-1, Income Tax Regs. Only those business expenses greater than the amounts advanced or reimbursed by the employer are deductible by the employee under section 162 and section 1.162- 17(b)(3) or (c), Income Tax Regs. Petitioners claimed an advertising expense deduction for the 1995 tax year as an unreimbursed employee business expense deduction. As indicated, respondent bears the burden of proof onPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011