- 32 - failed to show that these “advances” constituted expenditures giving rise to bona fide indebtedness. But even if such expenditures were construed as loans to Alviso or GMT, they would not be deductible by petitioner or offset his income. (b) Unclaimed Expenses Generally, ordinary and necessary expenses paid or incurred in the carrying on of a trade or business are deductible by such individual engaged in the trade or business. Sec. 162(a); sec. 1.162-1(a), Income Tax Regs. The expenditure must be “directly connected with or pertaining to the taxpayer’s trade or business”. Sec. 1.162-1(a), Income Tax Regs. “The determination of whether an expenditure satisfies the requirements of section 162 is a question of fact.” Shea v. Commissioner, 112 T.C. 183, 186 (1999). The taxpayer has the burden of proving that he is entitled to deductions. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435 (1934). All deductible expenses are subject to substantiation. Secs. 274(d), 6001. The general substantiation requirement is set forth in section 6001 and provides in pertinent part: “Every person liable for any tax imposed by this title, or for the collection thereof, shall keep such records * * * and comply with such rules and regulations as the Secretary may from time to timePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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