Gizzi v. Commissioner
United States Tax Court
Petitioner deducted as business expenses his costs of certain entertainment, travel, business gifts, and club dues. He had maintained adequate records of these expenses, but his records were inadvertently thrown out.
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Petitioner deducted as business expenses his costs of certain entertainment, travel, business gifts, and club dues. He had maintained adequate records of these expenses, but his records were inadvertently thrown out. Held, the records were not lost due to a casualty beyond petitioner's control, and therefore he was not relieved of the substantiation requirements of sec. 274. Sec. 1.274-5(c)(5), Income Tax Regs.Held, further, even if the loss of the records had been due to a casualty beyond his control, petitioner did not reasonably reconstruct his claimed expenses, and is not entitled to the…
1Opinion of the Court
OPINION
Petitioner contends he is entitled to deduct the various entertainment expenses, costs of business gifts, air travel, and club dues in issue because they are ordinary and necessary business expenses within the meaning of section 162,2 and, further, that he has met the substantiation and other requirements of section 274. Respondent asserts that petitioner did not comply with section 274, and we agree. Therefore we do not reach any issue under section 162.
Section 274(d) provides that entertainment expenses, gifts, club dues, and travel costs are not allowable as deductions “unless the…
2Cases cited3 opinions
- Blackburn v. CommissionerUnited States Tax Court · 1973
- Seckel v. CommissionerUnited States Tax Court · 1974
- Silver v. CommissionerUnited States Tax Court · 1972
3Cited by52 opinions
- Watson v. CommissionerUnited States Tax Court · 1988
- Joseph Baldwin Campbell v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1999
- Fernandez v. Comm'rUnited States Tax Court · 2011
- Speck v. United StatesUnited States Court of Federal Claims · 1993
- D'Avanzo v. United StatesUnited States Court of Federal Claims · 2005
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