- 13 - with his trade or business, petitioner presented no documentation or any other evidence to substantiate the payment in question. Respondent, therefore, is sustained on this issue. Finally, the last issue for decision is whether petitioner is entitled to deduct certain miscellaneous Schedule C expenses in excess of amounts allowed by respondent. In the notice of deficiency, respondent disallowed $3,500 of Schedule C “other expenses” petitioner deducted in the year 2000. On his income tax return, petitioner claimed $1,500 for business meeting expenses and $2,000 for telephone expenses.9 Section 162 allows a taxpayer to deduct ordinary and necessary expenses that are paid or incurred during the taxable year in carrying on a trade or business. Sec. 162(a); Deputy v. du Pont, 308 U.S. 488, 495 (1940). Furthermore, expenses paid or incurred by a taxpayer to attend a business meeting may constitute an ordinary and necessary business expense depending on the facts and circumstances of each case. Sec. 1.162-2(d), Income Tax Regs. These expenses, however, are subject to certain substantiation requirements. Sec. 1.162-2(f), Income Tax Regs. In order to substantiate an expense, the taxpayer must keep such records as will be sufficient to enable the Commissioner to correctly determine income tax liability. Furthermore, the 9 As noted earlier, see supra note 2, respondent conceded $579.44, leaving $2,920.56.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011