Cathy M. and Randy L. Crosson - Page 5

                                        - 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