Laura D. Seidel - Page 21

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          Port of Mystery’s deductions for expenses attributable to the               
          activity, as provided in section 183(b).                                    
               Section 162(a) allows a deduction for ordinary and necessary           
          business expenses paid or incurred during the taxable year in               
          carrying on any trade or business.  To be “ordinary” the                    
          transaction which gives rise to the expense must be of a common             
          or frequent occurrence in the type of business involved.  Deputy            
          v. du Pont, 308 U.S. 488, 495 (1940).  To be “necessary” an                 
          expense must be “appropriate and helpful” to the taxpayer’s                 
          business.  Welch v. Helvering, supra at 113-114.                            
               Deductions are a matter of legislative grace, and the                  
          taxpayer bears the burden of proving that he or she is entitled             
          to any deduction claimed.  Rule 142(a); New Colonial Ice Co. v.             
          Helvering, supra.  This includes the burden of substantiation.              
          Hradesky v. Commissioner, 65 T.C. 87, 89-90 (1975), affd. per               
          curiam 540 F.2d 821 (5th Cir. 1976).                                        
               Section 6001 and the regulations promulgated thereunder                
          require taxpayers to maintain records sufficient to permit                  
          verification of income and expenses.  As a general rule, if the             
          trial record provides sufficient evidence that the taxpayers have           
          incurred a deductible expense, but the taxpayer is unable to                
          adequately substantiate the precise amount of the deduction to              
          which he or she is otherwise entitled, the Court may estimate the           
          amount of the deductible expense and allow the deduction to that            






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Last modified: May 25, 2011