- 4 - the use of, inter alia, a State, possession of the United States, or any political subdivision of the foregoing. Sec. 170(c)(1). On their joint 2002 Federal income tax return, petitioners deducted charitable cash contributions of $5,456. Respondent initially allowed $2,385 of that amount and later conceded an additional $2,825, leaving $246 in dispute. At trial, petitioners introduced a copy of a check for $25 to the City of Carson. The face of the check bears no indication that the $25 represents a contribution or gift, and petitioners offered no testimony with respect to this item. Accordingly, respondent’s determination is sustained to the extent of $246. B. Other Expenses Section 162(a) generally allows a deduction for ordinary and necessary business expenses. To qualify as an allowable deduction under section 162(a), an item must be: (1) Paid or incurred during the taxable year; (2) for carrying on any trade or business; (3) an expense; (4) a necessary expense; and (5) an ordinary expense. Commissioner v. Lincoln Sav. & Loan Association, 403 U.S. 345, 352 (1971); FMR Corp. & Subs. v. Commissioner, 110 T.C. 402, 414 (1998). Petitioners attached to their return a Schedule C, Profit or Loss From Business, for a business described as real estate consulting. Petitioners deducted $29,132 of other expenses on Schedule C, consisting of items such as supplies expense, taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011