- 10 - not establish that the Schedule C expenses were ordinary and necessary business expenses of petitioner. At trial, the parties treated these deductions as though they were claimed as employee business expenses and so shall we. In this posture of the case, we must decide whether the expenses in question are deductible as ordinary and necessary business expenses of petitioner’s employment. Our findings in this record are based in part upon the testimony of petitioner. Our evaluation of petitioner’s testimony is founded upon “the ultimate task of a trier of the facts – the distillation of truth from falsehood which is the daily grist of judicial life.” Diaz v. Commissioner, 58 T.C. 560, 564 (1972). In this case, we found petitioner to be an honest, sincere, and credible witness. Section 162(a) allows a deduction for all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. To be deductible as a business expense, the expenditure must relate to activities which constitute the current carrying on of an existing trade or business. Corbett v. Commissioner, 55 T.C. 884, 887 (1971). Whether activities carried on by an individual can be characterized as a trade or business is a question of fact. Id. at 887. This Court has long held that a taxpayer may be in the trade or business of being an employee. Primuth v. Commissioner, 54 T.C. 374, 377 (1970).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011