Leo and Shawn M. Stephens - Page 5




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          Farming, accompanying their 2001 return, petitioners deducted               
          $8,661 for employee benefits programs.                                      
               In 2002, Mrs. Stephens worked 1,258 hours for the harvesting           
          business and the farm and was issued a Form W-2.  Thereafter,               
          Mrs. Stephens submitted an  employee benefit expense transmittal            
          form to AgriPlan/BizPlan claiming that, in 2002, she had paid               
          $11,242 for medical expenses.  Of this total, $5,985 was                    
          attributable to the health insurance premiums relating to the               
          Blue Cross/Blue Shield plan, and $5,257 was attributable to out-            
          of-pocket medical expenses.  These expenses were paid out of                
          petitioners’ joint bank account, and petitioners were not                   
          reimbursed.  On the Schedule F accompanying their 2002 return,              
          petitioners claimed an $11,531 deduction relating to employee               
          benefits programs.                                                          
               On February 17, 2006, respondent issued petitioners a notice           
          of deficiency and determined deficiencies relating to 2001 and              
          2002.  Respondent determined that petitioners were not entitled             
          to deduct 100 percent of their medical expenses on Schedule F as            
          ordinary and necessary business expenses.  Respondent did,                  
          however, allow petitioners a deduction, pursuant to section                 
          162(l), for 60 percent of the $4,978 health insurance premium               
          payments relating to 2001 and 70 percent of the $5,985 health               
          insurance premium payments relating to 2002.                                








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