- 8 - B. 1998-2001 Petitioner argues his business expenses for 1998, 1999, 2000, and 2001 were properly substantiated solely by his testimony. The Court disagrees. Under section 162(a), a taxpayer may deduct ordinary and necessary business expenses incurred or paid during the taxable year. However, deductions are a matter of legislative grace, and the taxpayer must clearly demonstrate entitlement to the claimed deductions. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). The taxpayer must keep records sufficient to establish the amount of his deductions. Secs. 162(a), 6001; sec. 1.6001-1(a), Income Tax Regs. The taxpayer bears the burden of substantiation. Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976). Petitioner testified all substantiating documents were either destroyed in “hard disk crashes” or lost while moving. When a taxpayer’s records have been destroyed or lost due to circumstances beyond the taxpayer’s control, such as fire, flood, earthquake, or other casualty, the taxpayer has a right to substantiate the deductions by a reasonable reconstruction of the expenditures or uses. Sec. 1.274-5T(c)(5), Temporary Income Tax Regs., 50 Fed. Reg. 46022 (Nov. 6, 1985). If documentation is unavailable, the Court may, although it is not required to do so, accept the taxpayer’s testimony to substantiate the deduction.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011