Michael J. Downing and Sandra M. Downing - Page 5

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               After concessions by both sides,2 the issues for decision3             


               2  Respondent concedes that petitioners are entitled to                
          deduct as 1995 Schedule A, Itemized Deductions, the $58 paid by             
          Michael for Louisiana income tax and the $10,133 of mortgage                
          interest paid.  Both petitioners had claimed the standard                   
          deduction for married filing separate on their 1994 and 1995 tax            
          returns.  On brief, petitioners argue that they also are entitled           
          to deduct the $24.90 paid for real property taxes.  On brief,               
          respondent concedes deductibility of this amount.                           
               Respondent concedes that petitioners are entitled to deduct            
          $972 of the $1,871 disallowed Schedule C, Profit or Loss From               
          Business, telephone expenses for 1994; petitioners concede the              
          remaining $899.  Respondent concedes that petitioners are                   
          entitled to deduct $744 of the $1,618 disallowed Schedule C                 
          telephone expenses for 1995; petitioners concede the remaining              
          $874.                                                                       
               Petitioners concede the entire $1,246 inventory adjustment             
          for 1995.                                                                   
               Respondent concedes that petitioners are entitled to                   
          additional Schedule C car and truck expense deductions for 1994             
          and 1995 in the amounts of $2,318 and $1,337, respectively.                 
          Respondent also concedes that petitioners are entitled to an                
          additional $6,348 depreciation expense deduction for 1995 on the            
          Ford F250 truck.                                                            
               Respondent concedes that petitioners are entitled to deduct            
          additional Schedule C expenses for 1994 and 1995 in the amounts             
          of $461 and $530, respectively.                                             
               In the notices of deficiency, respondent disallowed in full            
          the deductions for Schedule C travel and entertainment expenses.            
          Petitioners acknowledge on brief that they lack the requisite               
          documents “to enable these expenses to be deductible.”                      
          Petitioners contend that they “did incur these expenses * * *.              
          However, Mr. Downing simply did not know that he was required to            
          keep a detailed log of who he went to lunch with, and what                  
          business they discussed.”  We treat this as petitioners’                    
          concession of the adjustment and, in effect, of the applicability           
          of sec. 6662.                                                               
               Petitioners concede that Michael underreported 1995 plumbing           
          business gross receipts by $5,781.  That is, the 1995 tax return            
                                                             (continued...)           




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