Gary Lee Colvin - Page 11




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          as well as his attorney’s statement detailing the expenses and              
          fees incurred, and some court documents.                                    
               Petitioner claimed on Schedule C $3,323 for cost of goods              
          sold (CGS).  The notice of deficiency disallowed $659 of                    
          petitioner’s claimed CGS.  Petitioner’s CGS consisted of $2,833             
          of computer hardware and $490.39 of computer software.                      
          Petitioner provided substantiation for $58.80 in computer                   
          software receipts and was allowed a software CGS for that amount.           
          Petitioner’s Register Report listed computer hardware items and             
          the dates they were purchased, which respondent considered when             
          he allowed $2,605 of petitioner’s claimed hardware items CGS.               
          Respondent disallowed the balance of the claimed CGS for lack of            
          substantiation and because the items were allegedly used as                 
          capital assets and not inventory.8                                          
               On his 1997 Form 1040, petitioner used his San Diego                   
          address.  On his 2001 and 2002 Forms 1040, petitioner listed                
          “2330 Candle Ridge Trail, Georgetown, TX 78626" (Georgetown,                
          Texas, address) as his address.                                             
               Form 872, Consent to Extend the Time to Assess Tax, for                
          petitioner’s 2000 taxable year was signed by petitioner on                  


               8The cursory revenue agent’s report does not clearly                   
          identify which hardware items were disallowed.  Based on the                
          total dollar amount disallowed of $228 ($659 total CGS                      
          disallowance minus $431 software disallowance), it appears the              
          items were:  (1) “16MB FLASH” for $70; (2) floppy drive for $65;            
          (3) “RAM, zipdrive” for $23; and (4) a 56K modem for $70.                   






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Last modified: November 10, 2007