Adrian D. Troutman, Jr. - Page 5

                                        - 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