Charles A. and Marian L. Derby, et al. - Page 66




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          corporation), and that the corporation's 1994 return mistakenly             
          overstated the corporation's net ordinary income by the amount of           
          those deductible expenses.  Respondent simply points to the                 
          discrepancy between the two returns and argues that Dr. Derby               
          understated his 1994 ordinary income from the corporation by                
          $3,665.                                                                     
                    2.  Discussion                                                    
               The dispute between the Derbys and respondent raises three             
          issues:  (1) A factual issue as to whether Dr. Derby incurred the           
          expenses in question in 1994, (2) whether the expenses were                 
          currently deductible business expenses under section 162(a), and            
          (3) assuming he did incur the expenses and that they were                   
          currently deductible, whether they resulted in a constructive loan          
          and corporate purchase of the items in question or a capital                
          contribution of the purchased items by Dr. Derby to the                     
          corporation.                                                                
               At trial, Dr. Derby admitted that he had no "specific                  
          receipts" that would substantiate the alleged expenditures or               
          their deductibility and that his oral testimony constituted his             
          "best recollection of * * * what the discrepancy was."  Assuming            
          arguendo that the Derbys are not required to satisfy the                    
          substantiation requirements of section 274(d) in support of the             
          alleged expenditures, they were nonetheless required to maintain            
          records sufficient to substantiate the claimed deductions, in this          







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