- 7 - entertainment, amusement, * * * (C) the business purpose of the expense or other item, and (D) the business relationship to the taxpayer of persons entertained * * * As with the other business expenses, petitioners did not submit or offer any substantiation. Accordingly, petitioners are not entitled to the section 162 deductions claimed on the Schedule C. On their Schedule C, petitioners also claimed a $58,067 section 166 bad debt loss, which allegedly includes the theft of business equipment and unpaid amounts owed to petitioner for his services. The record does not reflect, with any specificity, the portion of the $58,067 attributable to the theft or unpaid obligations for services. Any theft loss would be covered under section 165, whereas any business bad debt would be covered under section 166. On their bankruptcy petition, petitioners listed the loss from the equipment theft as an amount in excess of $25,000. The record (in particular the police reports) reflects that the claimed equipment thefts occurred almost 10 years before the taxable year under consideration (1999). In that regard, theft losses are allowable in the year sustained and are treated as sustained in the year the taxpayer discovers the loss. Sec. 165(c)(3), (e); sec. 1.165-8(a)(1) and (2), Income Tax Regs. Accordingly, petitioners would not be entitled to claim thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011