- 6 - also supported by reasonable inferences drawn from petitioner's testimony. After reducing the gross receipts by the cost of goods sold, petitioner computed his gross profit and gross income from the prisoner meal program to be $41,412 and reported that amount on the appropriate lines of the Schedule C. Because no expense deductions were claimed on the Schedule C, $41,412 was also reported as net profit. Petitioners included this $41,412 amount in the amount reported as business income on line 12 of Form 1040 of their 1991 Federal income tax return. OPINION In her amendments to answer respondent has taken the position that petitioner improperly reported the meal allowances as income from a trade or business separate and apart from his employment as Howard County sheriff. According to respondent, by providing meals to the county prisoners, petitioner was discharging a duty imposed upon him as a county employee, not as the proprietor of a separate trade or business. Consequently, respondent contends that the $109,952 received by petitioner as meal allowances should be considered additional compensation paid to petitioner as an employee of Howard County, and includable in his income as such. Respondent further contends that any costs incurred by petitioner in connection with the program should be considered employee business expenses, deductible only as miscellaneous itemized deductions on petitioners' Schedule A. Respondent goes on to argue that if the meal allowances are considered additional employee compensation, and the costsPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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