- 115 - “ordinary” expense under section 162, the expense must arise from a transaction that is “of common or frequent occurrence in the type of business involved.” Deputy v. du Pont, 308 U.S. 488, 495 (1940); Tarakci v. Commissioner, supra. There is no dispute in this case that petitioner was engaged in orange grove, cattle, and Ferrari activities. There is also no dispute, we think, that those activities are such that expenses arise in their normal course.72 As petitioner states with respect to his cattle, “he’s got to eat”. However, to substantiate his expenses for those activities, petitioner has simply provided a bundle of receipts and a listing of expenses. Most of those receipts and the listing do not show for what purpose the expenses were made. Those items do not foreclose that the expenses incurred were personal expenses unrelated to the activities that petitioner claims deductions for or that the 71(...continued) requirements with respect to “any traveling expense (including meals and lodging while away from home)”, “for any item with respect to an activity which is of a type generally considered to constitute entertainment, amusement, or recreation, or with respect to a facility used in connection with such an activity”, and for any expenses relating to passenger automobiles or any other property used as a means of transportation. See secs. 274(d)(4), 280F(d)(4). We note that several of the expenses that petitioner claims as a deduction, he categorizes as “Automobiles” and “Meals & Entertainment”. Also, he claims expenses relating to his collection of Ferraris. 72At trial, petitioner testified with respect to his cattle activity that he incurred expenses for 50-pound mineral blocks, hay, and health supplies such as injections, insect sprays, “and stuff”. Petitioner’s testimony regarding those expenses was general and not specific.Page: Previous 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 Next
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