- 27 - However, on his 1991 return, petitioner deducted the entire amount of expenses incurred in 1991 as trade or business expenses. We have determined that petitioner's deductions for 1991 are allowed only as expenses incurred in the production of income under section 212, subject to the 2-percent limitation imposed by section 67. We find no affirmative evidence of negligence or disregard of the rules or regulations. We have found petitioner to be an intelligent and credible witness. Even a taxpayer well-versed in the Code requirements for carrying on a trade or business often encounters difficulty in determining what would satisfy the requirements. We find that petitioner was acting in reasonable good faith when he concluded that the items in question were deductible as trade or business expenses. Sec. 6664(c)(1); see Kasey v. Commissioner, 54 T.C. 1642 (1970), affd. per curiam 457 F.2d 369 (9th Cir. 1972). While we have disagreed with petitioner's characterization of his expenses for 1991, and found his claims of business expense deductions to be incorrect, petitioner had a reasonable basis for his claims. After audit, petitioner received a no- change letter in March 1992 for the taxable year 1989, stating that petitioner’s business deductions for that year were proper. Petitioner timely filed his 1991 Federal income tax return in April 1992, shortly after receipt of the no-change letter. It was reasonable for petitioner to rely on the no-change letter asPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011