- 10 - The second issue for decision is whether petitioner is entitled to deduct certain expenses relating to his law practice on Schedule C in excess of amounts allowed by respondent. The expenses claimed included car and truck expenses, meals, travel, and miscellaneous expenses for memberships, parking, and charitable contributions.4 Section 162 allows a deduction for ordinary and necessary expenses that are paid or incurred during the taxable year in carrying on a trade of business. Sec. 162(a); Deputy v. du Pont, 308 U.S. 488, 495 (1940). In the case of travel expenses and certain other expenses, such as entertainment, gifts, and expenses relating to the use of listed properties, including passenger automobiles under section 280F(d)(4)(A), section 274(d) imposes stringent substantiation requirements to document particularly the nature and amount of such expenses. For such expenses, substantiation of the amounts claimed by adequate records or by other sufficient evidence corroborating the claimed 4 Because petitioner is not entitled to itemize deductions on Schedule A, he cannot claim union dues as a miscellaneous itemized deduction. Sec. 67(b); Butler v. Commissioner, T.C. Memo. 1998-355. Moreover, the dues were not ordinary and necessary business expenses. Petitioner, a lawyer, "joined" a food and commercial workers' union for the personal benefit of obtaining insurance. The record contains no evidence of any benefit to the law practice of petitioner's union "membership". Cf. Boyd Constr. Co. v. United States, 168 Ct. Cl. 579, 339 F.2d 620, 623 (1964) (union dues paid by a construction company on behalf of an officer were deductible where evidence showed there was a substantial benefit to the corporation).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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