- 66 - 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 thisPage: Previous 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 NextLast modified: March 27, 2008