Timothy Dean Strong - Page 26

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          $8,500 was not income to SCC.  The second is a deposit of $8,500            
          on August 16, 1994, which Mr. Strong claims was payment for the             
          sale of his truck to his brother.  In this instance, SCC has not            
          carried its burden.  Mr. Strong provided testimony from his                 
          brother that the $8,500 deposit was payment for a pickup truck.             
          However, this testimony is inconsistent with the records of the             
          Minnesota Department of Motor Vehicles regarding the ownership of           
          the truck in question, and we find this testimony unconvincing.             
          SCC does not provide any explanation for the remaining deposits,            
          and we conclude that these deposits are income to SCC.                      
               C.  Allowable Expenses of SCC                                          
               Section 162(a) allows a taxpayer deductions for ordinary and           
          necessary business expenses incurred during the taxable year in             
          carrying on a trade or business.  Deductions, however, are a                
          matter of legislative grace, and the taxpayer bears the burden of           
          proving entitlement to any deduction claimed.  See INDOPCO, Inc.            
          v. Commissioner, 503 U.S. 79, 84 (1992).  Generally, a taxpayer             
          must establish that deductions taken pursuant to section 162 are            
          ordinary and necessary business expenses and must maintain                  
          records sufficient to substantiate the amounts of the deductions            
          claimed.  Sec. 1.6001-1(a), Income Tax Regs.                                
               With respect to certain business expenses specified in                 
          section 274(d), more stringent substantiation requirements apply.           
          Section 274(d) disallows deductions for travel expenses, gifts,             






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