Kenneth W. Frische - Page 12




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          maintain accurate books and records with respect to his claimed             
          meals and entertainment expenses that would satisfy the                     
          substantiation requirements of section 274(d).  See sec. 6001;              
          sec. 1.6001-1(a), Income Tax Regs.  There is no evidence in the             
          record that petitioner relied on the advice of a professional,              
          such as an accountant.  Petitioner's obvious position, to be                
          surmised from the totality of his testimony, is that he relied on           
          two previous audits by the IRS in which the manner of reporting             
          his process-server income was accepted.  As noted earlier, no               
          documentary evidence was presented to show the basis upon which             
          these audits were settled.  In the second audit, petitioner paid            
          a deficiency of $1,500 that may or may not have been based on the           
          method of reporting his process-server income.  Finally,                    
          petitioner was certainly on notice each year when he received IRS           
          Forms W-2 from the Messenger Service that clearly identified his            
          earnings as salary or wages.  Salary or wages do not constitute             
          self-employment income, nor is such income gross income from a              
          trade or business activity for purposes of Schedule C.  The Court           
          sustains respondent on this issue.                                          


          An appropriate order and                                                    
          decision will be entered.                                                   









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