Hector Prowse - Page 13

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               B.  Taxes Paid                                                         
               Petitioner claimed a deduction for State and local taxes               
          paid of $4,097.60.  In his pretrial memorandum, respondent                  
          conceded that, if petitioner’s allowable itemized deductions are            
          greater than the standard deduction, petitioner is entitled to a            
          deduction for the taxes paid.                                               
               C.  Charitable Contributions                                           
               Section 170(a)(1) generally authorizes a taxpayer to claim a           
          deduction for any charitable contribution made during the taxable           
          year.  On Schedule A to his 2001 return, petitioner claimed a               
          charitable contribution deduction for cash gifts to a church                
          ($690) and for noncash gifts ($820).  The only documentation                
          produced by petitioner was a receipt, purportedly from the                  
          Salvation Army, regarding the noncash contribution.  At trial               
          respondent convincingly proved that the documentation had been              
          falsified.  Consequently, the record contains no credible                   
          evidence substantiating petitioner’s charitable contributions for           
          2001, and we sustain respondent’s determination.                            
               D.  Unreimbursed Employee Business Expenses and Other                  
          Miscellaneous Expense                                                       
               Section 162(a) authorizes a taxpayer to deduct ordinary and            
          necessary business expenses paid or incurred during the taxable             
          year in carrying on a trade or business.  An “ordinary” expense             
          is one incurred in a transaction that commonly or frequently                
          occurs in the type of business involved.  Deputy v. du Pont, 308            





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