John D. and Karen Beatty - Page 5

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          listing the names of prisoners incarcerated in the jail and the             
          number of meals served to each prisoner.  Once the statements               
          were certified as correct by the county auditor, the governing              
          Board of Commissioners authorized payment to be made to                     
          petitioner.  Because he was not required to do so, petitioner did           
          not provide the county auditor with substantiation or                       
          verification of the actual costs incurred in feeding county                 
          prisoners.  Pursuant to the Indiana statutory scheme in effect              
          during the year in issue, petitioner was entitled to retain the             
          difference between the meal allowances he received from the                 
          county for feeding the county prisoners and the costs he incurred           
          to do so.                                                                   
               In 1991, as county sheriff, petitioner received a $30,566              
          salary that was appropriately reported as wages on petitioners'             
          1991 Federal income tax return.3  In addition to his salary,                
          petitioner also received $109,952 as meal allowances from Howard            
          County for providing meals to the prisoners incarcerated in the             
          county jail.                                                                
               Petitioner reported the $109,952 as gross receipts on a                
          Schedule C included with petitioners' 1991 Federal income tax               
          return.  The Schedule C reflected that petitioner incurred cost             
          of goods sold in the amount of $68,540.  It appears from the                
          Schedule C that the entire amount of the cost of goods sold was             
          composed of purchases made during the year, a conclusion that is            


            There is no dispute that the salary paid to petitioner as                 
          county sheriff was paid to him as an employee of Howard County.             




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