- 25 - produces only a minor adjustment, because the available evidence indicates that only $75 in income from this source was included in respondent’s reconstruction of 1994-96 gross receipts (and petitioner has failed to show inclusion in his income in any other year). We therefore conclude that the downward adjustment in respondent’s reconstruction that is appropriate in light of petitioner’s evidence is capped at $75. Thus, we conclude that petitioner has shown error in respondent’s reconstruction of 1996 gross receipts, in that it is overstated by $75. Petitioner has not alleged or shown any other error in respondent’s reconstruction of the gross receipts from petitioner’s yacht charter business in 1994, 1995, or 1996. We accordingly sustain respondent’s determination of unreported charter income in those years, except to the extent of $16,662 in 1994 and $75 in 1996. Disallowed Deductions of WDI Taxpayers may deduct the ordinary and necessary expenses of carrying on a trade or business. Sec. 162. Expenses incurred by a corporation for the personal benefit of its shareholders are not deductible. Intl. Trading Co. v. Commissioner, 275 F.2d 578, 585 (7th Cir. 1960), affg. T.C. Memo. 1958-104. Further, a taxpayer may not deduct the business expenses of another taxpayer. Welch v. Helvering, 290 U.S. 111, 114 (1933). The burden of proof with respect to deductions claimed rests on thePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011