- 6 - deduction shall be allowed for personal, living, or family expenses.” Sec. 262(a). Furthermore, section 274(d) provides that no deduction shall be allowed, inter alia, with respect to travel and entertainment expenses and “listed property (as defined in section 280F(d)(4))” unless the taxpayer substantiates by adequate records or by sufficient evidence corroborating the taxpayer’s own statement (1) the amount of such expense or item, (2) the time and place of the travel, entertainment, or use of the property, (3) the business purpose of the item, and (4) the business relationship to the taxpayer of the persons entertained or using the property. Listed property includes passenger automobiles. Sec. 280F(d)(4)(A)(i). Petitioner claims to have two separate businesses operating under the names of Galaxy and CSCI. Petitioner's testimony concerning both was confusing. It is axiomatic that a taxpayer must be engaged in a trade or business if any expense is deductible under section 162. Respondent concedes that petitioner was engaged in a trade or business, but, as far as we can determine from this record, that concession is based on petitioner’s activity as a hearing officer for the county. Petitioner also claims that he “deals in legal issues”. We found that his testimony concerning this activity was, at best, confusing and contradictory. First, his testimony concerning income from this activity was obtuse. He “went out to CaliforniaPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011