- 8 - did not produce any credible evidence to substantiate the claimed losses or to contest respondent’s determination that petitioners had long-term capital gain income for 1999.9 Instead, petitioners relied solely on the four summary affidavits submitted to respondent during the examination of their 1999 and 2000 amended returns. Because petitioners have failed to prove that respondent’s determinations disallowing petitioners’ capital losses and adjusting petitioners’ capital gain income are in error, we sustain respondent’s determination recalculating petitioners’ capital gain income for 1999 and respondent’s determination disallowing the balance of petitioners’ 1999 capital losses. Substantiation of Deductions Petitioners deducted business expenses on Schedules C and F and claimed itemized deductions on Schedule A for 1999 and 2000. The pertinent Code sections authorizing such deductions are sections 162(a), 164, and 170. Under section 162(a), a taxpayer may deduct ordinary and necessary business expenses incurred or paid during the taxable year. An ordinary expense is one that is common and acceptable in the particular business. Welch v. Helvering, 290 U.S. at 113- 114. A necessary expense is an expense that is appropriate and 9Respondent’s capital gain adjustment for 1999 resulted from respondent’s disallowing the basis claimed by petitioners in connection with reported sales of some stock.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011