- 4 - respondent that they had treated the lease of the van as a purchase and not as a lease. At trial, however, petitioner testified that in subsequent years the lease was treated as a lease and not as a purchase, and that petitioners were not entitled to depreciation on the van. Consequently, respondent concedes part of the loss claimed on petitioners' 1990 Federal income tax return for the trade-in of the Chevrolet Cavalier for the van. In the notice of deficiency, respondent determined that petitioners were liable for an addition to tax under section 6651(a)(1) in the amount of $2,989. However, in the stipulation of facts, respondent conceded that petitioners timely filed their 1990 Federal income tax return and, consequently, are not liable for that addition to tax. In the notice of deficiency, there is an adjustment to petitioners' self-employment tax, which was increased by respondent. There is no dispute as to whether petitioner's net earnings from his Locksmith/Burglar Alarm business are subject to self-employment tax. That adjustment is computational. In addition, respondent adjusted petitioners' medical expenses deduction. There is no dispute as to whether petitioners incurred the medical expenses claimed on the return. That adjustment is also computational. Petitioner, in his answering brief, has raised two preliminary issues, namely, whether respondent should bear thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011