- 5 - OPINION A. Alleged Additional Compensation to Ms. Novak-O’Farrell Petitioner argues that he is entitled to a deduction for additional compensation paid to his employee, Ms. Novak- O’Farrell, over and above those claimed on his Form 1040 for 1999, because of certain purchases that she made. Deductions are a matter of legislative grace, and petitioner bears the burden of proving that he is entitled to the deductions claimed.4 See Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79 (1992); New Colonial Ice Co. v. Helvering, 292 U.S. 435 (1934). Taxpayers are required to maintain records that are sufficient to enable the Commissioner to determine their correct tax liability. See sec. 6001; sec. 1.6001-1(a), Income Tax Regs. In addition, the taxpayer bears the burden of substantiating the amount and purpose of the item for the claimed deduction. See Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). Ordinarily, a taxpayer is permitted to deduct the ordinary and necessary expenses that he pays or incurs during the taxable year in carrying on a trade or business. See sec. 162(a)(1). An expense is ordinary for purposes of this section if it is normal or customary within a particular trade, business, or industry. See Deputy v. du Pont, 308 U.S. 488, 495 (1940). An expense is 4 Petitioner does not contend that sec. 7491(a) is applicable to this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011