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burden of showing that he was involved in his claimed PDA con-
sulting business with continuity and regularity and that the
primary purpose for the activities that he undertook with respect
to that claimed business was for profit. On that record, we find
that petitioner has failed to carry his burden of showing that
during the year at issue he was carrying on a PDA consulting
business within the meaning of section 162(a).15
On the record before us, we find that petitioner has failed
to carry his burden of establishing that he is entitled for his
taxable year 2001 to the net loss that he claimed in the PDA
consulting Schedule C.16
15Assuming arguendo that petitioner had established that
during the year at issue he was carrying on a PDA consulting
business within the meaning of sec. 162(a), on the record before
us, we find that petitioner has failed to carry his burden of
showing that he paid the expenses that he claimed in the PDA
consulting Schedule C and that such expenses are ordinary and
necessary expenses within the meaning of that section.
16Assuming arguendo that petitioner had established the
deductibility under sec. 162(a) of the expenses claimed in the
PDA consulting Schedule C, he would still have to satisfy the
requirements of sec. 274(d) for any such expenses that are
subject to those requirements. We concluded above that we shall
not rely on petitioner’s credit card statements, petitioner’s
ticket stubs, or petitioner’s testimony with respect to his
claimed expenses to establish petitioner’s position regarding
such expenses, including the expenses claimed in the PDA consult-
ing Schedule C. On the record before us, we find that petitioner
has failed to carry his burden of establishing all of the ele-
ments that he must prove in order to satisfy the requirements
under sec. 274(d) for any such expenses that are subject to those
requirements. See sec. 1.274-5T(b)(2), (3), (4), (6), Temporary
Income Tax Regs., 50 Fed. Reg. 46014-46016 (Nov. 6, 1985).
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