Corporate Taxation - Assignment 2-3

647 Words3 Pages
Memo: Cynthia Thomas 2008 Tax Return Audit Deduction for Business Expenses on Personal Tax Return Ms. Cynthia Thomas is the President and sole shareholder of Violet Corporation. Violet Corporation is a calendar year taxpayer, who unfortunately over the past year has fallen into a precarious financial position. Ms. Thomas incurred $9,500 of business expenditures for travel, entertainment, and promotion on behalf of Violet Corporation. Ms. Thomas decided not to get reimbursed for these expenses and instead decided to deduct them on her own personal tax return (1040). Ms. Thomas was unfortunately audited in 2008 by the Internal Revenue Service, and they found that these deductions were disallowed. Ms. Thomas requested to know if the IRS is correct or if there is a way to fight the ruling. While these expenses are qualified under IRC 162, as it is “an ordinary and necessary expense that was paid or incurred during the taxable year in carrying on a trade or business.” The United States Supreme Court held that “ to be engaged in a trade or business, the taxpayer must be involved in the activity with continuity and regularity and that the taxpayer’s primary purpose for engaging in the activity must be for income or profit; a sporadic activity, a hobby, or an amusement does not qualify.” Under code 162 and the Supreme courts definition of an expense and a business, the expenses that Ms. Thomas incurred are deductible by the Violet Corporation. Because Ms. Thomas chose not to submit them for reimbursement, she is not eligible to deduct them personally. In the Case of Robert O. and Rita R. Eder v. Commissioner, U.S. Tax Court, CCH Dec. 38,118(M), T.C. Memo. 38,118(M), 42 T.C.M. 585, T.C. Memo. 1981-408, (Aug. 6, 1981), the United States Tax Court found that; “The taxpayers were not required to incur certain business expenses as a condition of their employment as

More about Corporate Taxation - Assignment 2-3

Open Document