Rowland Setyono - Page 9

                                        - 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 substantiation                      





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011