Howard K. Hager - Page 6




                                        - 5 -                                         
          from self-employment tax.  See sec. 1401; sec. 1.1402(a)-9,                 
          Income Tax Regs.  Residents of Puerto Rico are required to                  
          compute net earnings from self-employment in the same manner as a           
          U.S. individual without regard to section 933.  See sec.                    
          1402(a)(6); sec. 1.1402(a)-9, Income Tax Regs.; see also sec.               
          1.1402(a)-1, Income Tax Regs. (defining the term “net earnings              
          from self-employment” to include the gross income derived in a              
          taxpayer’s trade or business less the deductions allowed by                 
          chapter 1 that are attributable thereto).                                   
          I.  Substantiation of Business Expense Deductions                           
               In general, section 162 allows a deduction for all the                 
          ordinary and necessary expenses paid or incurred during the                 
          taxable year in carrying on any trade or business.  Whether an              
          expenditure satisfies the requirements of section 162 is a                  
          question of fact.  Commissioner v. Heininger, 320 U.S. 467, 475             
          (1943).  The taxpayer must keep records sufficient to establish             
          the amounts of the items required to be shown on his Federal                
          income tax return.  See sec. 6001; sec. 1.6001-1(a), (e), Income            
          Tax Regs.                                                                   
               When a taxpayer establishes that he has incurred a                     
          deductible expense but is unable to substantiate the exact                  
          amount, the Court may estimate the deductible amount in some                
          circumstances (the Cohan rule).  See Cohan v. Commissioner, 39              
          F.2d 540, 543-544 (2d Cir. 1930).  But the Court can estimate the           







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: March 27, 2008