- 8 - Petitioner was employed full time as a computer analyst with Wells Fargo. He testified that he retained two property management companies to manage the Adams and Persimmon properties. Petitioner also admitted that he did not keep any records as to how much time he devoted to his real estate activities. The Court concludes that petitioner does not satisfy the exception set forth in section 469(c)(7) and he is not entitled to deduct real estate losses in excess of the $25,000 loss allowed by respondent. 2. Petitioner's Employee Business Expenses Deductions are a matter of legislative grace, and taxpayers must maintain adequate records to substantiate the amounts of any deductions or credits claimed. Sec. 6001; INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); sec. 1.6001-1(a), Income Tax Regs. Section 162(a) allows a deduction for all ordinary and necessary expenses incurred in carrying on a trade or business. Generally, a taxpayer must establish that deductions claimed pursuant to section 162 are ordinary and necessary expenses and must maintain records sufficient to substantiate the amounts of the deductions claimed. Sec. 6001; Meneguzzo v. Commissioner, 43 T.C. 824, 831-832 (1965); sec. 1.6001-1(a), (e), Income Tax Regs. With respect to certain business expenses specified in section 274(d), however, more stringent substantiationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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