Christopher Y. Kimm - Page 6

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          business expense relating to petitioner’s real estate investment            
          business.                                                                   
               Respondent argues that petitioner was not involved in any              
          business activity with petitioner’s father during 1996, and                 
          therefore the $30,000 paid to petitioner’s father was not for the           
          purpose of carrying on a trade or business under section 162.               
          Respondent further argues that the $30,000 was in actuality a               
          redistribution of tax liability.  Petitioner’s father already had           
          a Schedule C loss of $26,085 from his 7-Eleven store to offset              
          the $30,000 while petitioner was able to gain a tax liability               
          reduction of $9,717 by claiming a $30,000 expense against his               
          total wages of $127,039.  We agree with respondent.                         
               We note that a “deduction is a matter of legislative grace             
          and that the burden of clearly showing the right to the claimed             
          deduction is on the taxpayer.”3  INDOPCO, Inc. v. Commissioner,             
          503 U.S. 79, 84 (1992); Rule 142(a).  Therefore, petitioner must            
          establish that the $30,000 paid to petitioner’s father was for              
          the purpose of carrying on petitioner’s trade or business.                  
               Taxpayers are required to keep such permanent records as are           
          sufficient to substantiate the amount and the purpose of any                
          deductions.  Sec. 6001; Higbee v. Commissioner, 116 T.C. 438, 440           
          (2001); sec. 1.6001-1(a), Income Tax Regs.  Petitioner did not              


               3 Petitioner does not contend that sec. 7491(a) is                     
          applicable to this case.                                                    





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