Lota Womack - Page 17

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          Cir. 1993), affg. 94 T.C. 126 (1990); Douglas v. Commissioner,              
          supra.                                                                      
               In the instant case, the unreported income is by definition            
          grossly erroneous.  It is not clear whether petitioner is arguing           
          that there was an overstatement of cost of goods sold in this               
          case.  In any event, on the record in this case, it appears that            
          Mr. Womack was in the business of rendering services, primarily             
          lawn care services for vacation-home owners.  The Court cannot              
          find that Mr. Womack maintained inventories of goods or                     
          manufactured, produced, or purchased goods for resale.  Secs.               
          1.61-3(a), 1.162-1(a), Income Tax Regs.  The Court cannot find              
          that Mr. Womack's property services business involved cost of               
          goods sold.  Compare LaBelle v. Commissioner, supra, that                   
          involved an automobile dealership and Velinsky v. Commissioner,             
          supra, that involved the production of a music video for a                  
          customer.                                                                   
               In order for the disallowed business expenses to be grossly            
          erroneous items, petitioner must demonstrate that those expenses            
          had no basis in fact or in law.  Mr. Womack possessed no                    
          understanding of the preparation of the tax returns.  Petitioner            
          did not call Ms. Stroup, Mr. Wade, or respondent's revenue agent            
          to testify.  Petitioner has presented no proof that any of the              
          disallowed expenses were not incurred; i.e., had no basis in                
          fact.                                                                       






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