George Maciel - Page 32

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          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 time           








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