George R. and Donelle C. Hawthorne - Page 8




                                        - 8 -                                          
          ate adjustments for the 2-percent adjusted gross income limita-              
          tion for miscellaneous deductions under section 67(a)2 and the 3-            
          percent adjusted gross income limitation under section 68(a).3               
          Respondent also determined, inter alia, in the notice for 1992               
          that certain interest income that Mr. Hawthorne received during              
          that year and reported in Schedule C of petitioners' 1992 return             
          is Schedule B interest income for that year.                                 
               In the notice issued to petitioners for 1993 and 1994,                  
          respondent, inter alia, disallowed all of the expenses that                  
          petitioners claimed in Schedules C of their returns for those                
          years because petitioners did not establish that those expenses              
          were ordinary and necessary expenses incurred in the ordinary                
          course of business.  Respondent did not allow petitioners to                 
          include any of those disallowed Schedule C expenses as Schedule A            
          deductions for 1993 and 1994.                                                
                                       OPINION                                         
               Petitioners bear the burden of proof on the issues pre-                 
          sented.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115                  
          (1933).  Petitioners attempted to satisfy their burden of proof              
          through testimonial and documentary evidence.  Except for ex-                
          tremely limited testimony from Ms. Hawthorne, Mr. Hawthorne was              

          2  All section references are to the Internal Revenue Code in                
          effect for the years at issue.  All Rule references are to the               
          Tax Court Rules of Practice and Procedure.                                   
          3  Respondent conceded at trial that $2,775.04 of real estate                
          taxes that petitioners claimed in Schedule C of their 1992 return            
          and that respondent allowed in Schedule A are not subject to the             
          2-percent adjusted gross income limitation for miscellaneous                 
          deductions under sec. 67(a).                                                 

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011