Harm De Boer - Page 27

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          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 as            



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