- 27 - disbursement on a note (Nov. 16, 1987), and several transfers from account No. 109-070-3, totaling $22,509.69. Respondent also failed adequately to adjust his calculation for the total amount of rental income, loan repayments, and installment sale income that petitioner received during 1987. Similar mistakes were made in the bank deposits analysis for 1989. Our review confirms that the simplistic bank deposits analyses prepared and relied upon by respondent to support his restated income adjustments against petitioner for 1987 and 1989 are simply not credible. We conclude, therefore, that respondent’s determinations that petitioner had unreported Schedule C income for 1987 and 1989 are erroneous, and we hold that respondent’s determinations of unreported income for 1987 and 1989 are not sustained. C. Schedule C Deductions 1. Applicable Legal Principles The only basis asserted by respondent in the notices of deficiency for disallowing petitioner’s Schedule C expenses was petitioner’s alleged failure to establish that the expenses were “paid or incurred during the taxable year” and were “ordinary and necessary to * * * [petitioner’s] business.” Section 162(a) authorizes a taxpayer to deduct ordinary and necessary business expenses paid or incurred during the taxable year in carrying on a trade or business. An “ordinary” expense is one incurred in aPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011