Robert E. Corrigan - Page 32

                                       - 32 -                                         
               With respect to petitioner’s $31,860 casualty loss that he             
          claimed for 1991, he testified that this was Mrs. Corrigan’s loss           
          and that there was an insurance recovery.  Accordingly,                     
          petitioner is not entitled to any part of the $31,860 casualty              
          loss that he claimed for 1991.                                              
                    C.  Employee Expenses                                             
               Petitioner claimed deductions for each year at issue in                
          connection with his employment.  The deductions concerned travel,           
          meals, and other employee-type expenses.                                    
               A taxpayer may deduct ordinary and necessary business                  
          expenses incurred in conducting a trade or business.  Sec.                  
          162(a).  The term “trade or business” includes the trade or                 
          business of being an employee.  Primuth v. Commissioner, 54 T.C.            
          374, 377 (1970).  Section 274, however, limits deductions for               
          entertainment and recreation that would otherwise be allowable              
          unless it is established that the expenditures were directly                
          related to or preceding a bona fide business discussion and were            
          associated with the active conduct of a taxpayer’s trade or                 
          business.  See sec. 274(a)(1)(A).  A deduction is allowed for               
          meals only if such expenses are not lavish and the taxpayer is              
          present when such meals are furnished.  Sec. 274(k)(1).  In                 
          addition, section 274(d) limits such deductions to those that can           
          be substantiated by adequate records or other evidence                      
          corroborating the amount of the expenditure, the time and place             






Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011