Sharon T. Myrick - Page 6




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          items, maintain records, and cooperate fully with respondent’s              
          reasonable requests.  Petitioner therefore bears the burden of              
          proof.                                                                      
          I.  Schedule C Deductions                                                   
               A taxpayer who carries on a trade or business generally may            
          deduct ordinary and necessary expenses paid or incurred in                  
          connection with the operation of the business.  Sec. 162(a); see            
          also FMR Corp. & Subs. v. Commissioner, 110 T.C. 402, 414 (1998).           
          Personal expenses, in contrast, generally are not deductible.               
          Sec. 262(a).  Respondent does not dispute that each of the three            
          activities in question qualifies as a trade or business for                 
          Federal income tax purposes.  Thus, we address only whether the             
          expenses petitioner claimed were ordinary and necessary, and                
          whether they were paid or incurred in connection with a trade or            
          business.                                                                   
               Before discussing the deductions in issue, we note that                
          petitioner lost a number of receipts when she accidentally threw            
          them away.  When a taxpayer’s records have been lost or destroyed           
          through circumstances beyond his control, the taxpayer is                   
          entitled to substantiate a deduction by reconstruction of his               
          expenditures through other credible evidence.  Smith v.                     
          Commissioner, T.C. Memo. 1998-33; see also Malinowski v.                    
          Commissioner, 71 T.C. 1120, 1125 (1979).  We do not find that               








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