Said Mahmoud Karara - Page 12




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          did not have enough income to be required by law to file a                  
          return.  Petitioner believed that in calculating his income to              
          determine whether he was required to file a return he was                   
          entitled to deduct his claimed expenses in arriving at the income           
          figure.  In support of this contention, petitioner submitted a              
          copy of the tax return instructions that he claimed he relied on            
          in reaching his decision not to file.  The instructions read, in            
          relevant part, as follows:                                                  

               You must file a return if your gross income was at least the           
               amount shown in the last column.[3]  Gross income means all            
               income you received in the form of money, goods, and                   
               services that is not exempt from tax, including any gain on            
               the sale of your home (even if you may exclude or postpone             
               part of all of the gain). * * *                                        

               Petitioner's claim is not supported by the instructions he             
          purportedly relied on.  He misread or misconstrued the above-               
          quoted language.  The instructions clearly state that a taxpayer            
          must file a return if his gross income for the year equals or               
          exceeds a specified dollar amount.  In the next sentence, the               
          term "gross income" is clearly defined.  Importantly, the                   
          definition of "gross income" in the instructions does not in any            
          way state or even mention the deduction of any expenses in                  
          arriving at "gross income".  Petitioner's claim cannot be                   


               3    The amount shown in the last column is $6,050 and $6250           
          for 1993 and 1994, respectively.                                            




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