Charles A. Brown, Jr. and Linda L. Brown - Page 5

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               Respondent issued a notice of deficiency to petitioners for            
          1998 on August 13, 2003, determining an income tax deficiency of            
          $3,075 and an addition to tax under section 6651 of $769.25 for             
          failure to file a tax return or to pay a tax penalty.                       
                                     Discussion                                       
          A.   Schedule C Expenses                                                    
               Section 162 allows a deduction for all ordinary and                    
          necessary expenses incurred in carrying on a trade or business if           
          the taxpayer maintains records or other proof sufficient to                 
          substantiate the expenses.2  Secs. 162(a), 6001; sec. 1.6001-               
          1(a), Income Tax Regs.  Section 274(d), however, provides more              
          stringent substantiation requirements for certain expenses and              
          requires that the taxpayer “substantiates by adequate records or            
          by sufficient evidence corroborating the taxpayer’s own                     
          statement” the time and place of the travel and the business                
          purpose of the expense.  The deductions that fall within section            
          274(d) include expenses “with respect to any listed property (as            
          defined in section 280F(d)(4))”.  Sec. 274(d)(4).  “Listed                  
          property” includes passenger automobiles, any computer or                   
          peripheral equipment, and any cellular telephone (or other                  
          similar telecommunications equipment).  Sec. 280F(d)(4).                    



               2    Sec. 7491(a), concerning burden of proof, is not                  
          applicable here because petitioners have not satisfied the                  
          substantiation requirements.  Sec. 7491(a)(2)(A).                           




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