- 5 - Respondent examined petitioners’ 1999 Federal income tax return and requested substantiation of the deductions claimed on the Schedule C. Petitioners failed to offer substantiation, and on May 25, 2001, respondent issued a statutory notice of deficiency disallowing the Schedule C deductions, including the claimed “bad debts”. OPINION Petitioner, on a Schedule C attached to petitioners’ joint Federal income tax return, reported no income and claimed deductions nearly equaling the amount of their wages reflected on Forms W-2, Wage and Tax Statement. The claimed deductions must be tested under sections 162(a), 165(a) and (c), and 166(a)(1). We first address the section 162 deductions. Section 162(a) provides deductions for “all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”. Deductions are strictly a matter of legislative grace, and taxpayers must comply with specific requirements for any deduction claimed. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). Respondent determined that petitioners failed to substantiate the claimed deductions and/or to show that they were incurred in a trade or business.2 2 No question has been raised with respect to the burden of proof under sec. 7491(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011