- 8 - considering such evidence we find that petitioners are entitled to a moving expense deduction in the amount of $1,524.25.3 Schedule C Deductions Petitioner is no doubt connected in some fashion with the real estate industry, as evidenced by the licenses he holds and his activities in prior years. However, it is clear that petitioner was not engaged in any real estate business during 1991. Although petitioner testified as to what he did in other years, he provided no explanation whatsoever regarding what his real estate activity consisted of in 1991. The introduction of checks made payable to "cash" and drawn on some "business" account tells us little, if anything, about the nature of the activity. In those instances where a check was made payable to a specific payee, it appears that the transaction involved a personal rather than a business expense. In countless opinions far too numerous to cite, including one involving petitioner,4 this Court has resolved disputes 3The deduction is computed as follows: Expenses incurred for transportation of household goods ($1,247.25), plus two round trips by car from Bloomington to Kokomo for househunting, at the standard mileage rate provided in Rev. Proc. 90-59, 1990-2 C.B. 644 (2 round trips x 240 miles per trip x $.275 per mile = $132), plus travel by car from Bloomington to Kokomo in connection with the move (120 miles x $.275 = $33), plus total meal expenses for househunting and temporary quarters ($140 x .80 = $112). 4In Jorman v. Commissioner, T.C. Memo. 1994-613, we held that petitioner's real estate activity was not engaged in with an actual and honest profit objective in 1990 so as to allow for deductions under sec. 162(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011