James B. Miller, Jr. - Page 2

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               After settlement of some issues, the issues for decision               
          are:  (1) Whether petitioner is entitled to deduct expenses                 
          relating to a home office; (2) whether petitioner has adequately            
          substantiated claimed business expenses relating to his scrap               
          metal recycling business; and (3) whether petitioner is liable              
          for the accuracy-related penalties.                                         
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the years at issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  

                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  At           
          the time he filed his petition, petitioner resided in Lake Worth,           
          Florida.                                                                    
               During 1990 and 1991, petitioner owned and operated as a               
          sole proprietorship a scrap metal recycling business.  Suppliers            
          would deliver scrap metal to the warehouse petitioner rented for            
          his business, or petitioner or his employees would pick up scrap            
          metal from suppliers and bring it to petitioner's warehouse.                
          None of the scrap metal was ever brought to petitioner's                    
          residence in which petitioner maintained an office (home office)            
          for the performance of administrative and management work                   
          relating to his scrap metal recycling business.                             







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