James J. Lencke and Janene B. Lencke - Page 15

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          renewal commissions in 1990, are not subject to self-employment             
          tax.                                                                        
               In the notice of deficiency respondent determined that the             
          amounts Mr. Lencke received as residual premiums and in lieu of             
          renewal commissions constitute income from self-employment within           
          the meaning of section 1401 and, therefore, were subject to self-           
          employment tax.                                                             
          Accuracy-Related Penalties                                                  
               Petitioners' Federal income tax returns for 1990, 1991, and            
          1992 were prepared by an attorney.                                          
               Petitioners reported a tax liability of only $392 on their             
          1990 Federal income tax return.  They failed to report net income           
          received in lieu of renewal commissions for 1990.  Their tax                
          liability was substantially understated for that year.                      
               Petitioners claimed depreciation deductions on the Schedule            
          C attached to their 1991 and 1992 Federal income tax returns for            
          several items for which they have conceded they were not entitled           
          to depreciation deductions.  The items for which petitioners                
          claimed depreciation deductions included a boat, lawn mower, and            
          sprinkler, which were personal assets.  They failed to maintain             
          or present adequate substantiation to support some deductions               
          claimed on their tax returns for 1991 and 1992.                             
               Respondent determined in the notice of deficiency that                 
          petitioners are liable for accuracy-related penalties under                 






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