Ajuba Gaylord - Page 7

                                        - 7 -                                         
          A.   Schedule C Deductions                                                  
               Section 162(a) allows a taxpayer deductions for ordinary and           
          necessary business expenses incurred during the taxable year in             
          carrying on a trade or business.  Deductions, however, are a                
          matter of legislative grace, and the taxpayer bears the burden of           
          proving the entitlement to any deductions claimed.  See INDOPCO,            
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992).  Generally, a                 
          taxpayer must establish that deductions taken pursuant to section           
          162 are ordinary and necessary business expenses and must                   
          maintain records sufficient to substantiate the amounts of the              
          deductions claimed.  Sec. 1.6001-1(a), Income Tax Regs.                     
               With respect to certain business expenses specified in                 
          section 274(d), however, more stringent substantiation                      
          requirements apply.  Section 274(d) disallows deductions for                
          traveling expenses, gifts, and meals and entertainment, as well             
          as for “listed property”, unless the taxpayer substantiates by              
          adequate records or by sufficient evidence corroborating the                
          taxpayer’s own statement:  (1) The amount of the expenses; (2)              
          the time and place of the expense; (3) the business purpose of              
          the expense; and (4) the business relationship to the taxpayer of           
          the persons involved in the expense.  The term “listed property”            
          is defined in section 280F(d) and includes cellular phones.  See            
          sec. 280F(d)(4)(v).                                                         








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011