Abhimanyu Swain - Page 2

          petitioner's 1989 and 1990 Federal income taxes in the amounts of           
          $2,092 and $2,190, respectively, and penalties pursuant to                  
          section 6662(a) in the amounts of $399 and $438, respectively.              
          After concessions,2 the issues for decision are (1) Whether                 
          petitioner is entitled to home office deductions in the amounts             
          claimed on his returns or in lesser amounts as determined by                
          respondent; (2) whether petitioner is entitled to deduct legal              
          fees; and (3) whether the accuracy-related penalties as                     
          determined by respondent should be sustained.                               
               At the time of filing the petition herein, petitioner                  
          resided in Damascus, Maryland.                                              
                                  FINDINGS OF FACT                                    
               During 1989 and 1990, petitioner was a research hydraulic              
          engineer for the U.S. Army Corps of Engineers.  In the spring of            
          1989, petitioner taught a course for the U.S. Army Corps of                 
          Engineers at Mississippi State University.  Petitioner reported             
          $44,368 and $42,256 as total wages on his 1989 and 1990 Federal             
          income tax returns, respectively.  On Schedule A of his 1989                
          return, petitioner claimed deductions for "Office Space" in the             
          amount of $5,200, and "Legal Expense" in the amount of $3,600.              
          On Schedule A of his 1990 return, petitioner claimed deductions             



          2  At trial, petitioner conceded the following adjustments: (1)             
          Petitioner failed to report $909 and $1,188 in State income tax refunds on his
          1989 and 1990 returns, respectively; (2) petitioner failed to report interest
          income in the amount of $43 and $101 on his 1989 and 1990 returns,          
          respectively; (3) petitioner is not entitled to deduct personal sales tax in
          the amounts of $4,349 and $4,095 on his 1989 and 1990 returns, respectively.




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