- -13 predecessor of * * * [section 61] provided that: "In the case of a manufacturing, merchandising, or mining business, 'gross income' means the total sales, less cost of goods sold, plus any income from investments and from incidental income or outside operations." * * * Currently, I.R.C. section 61(a)(2) includes gross income from business as part of gross income, and the regulations thereunder still contain the language quoted above from the 1939 version of the I.R.C. See Treas. Reg. sec. 1.61-3 (1994). Because the [cost of goods sold] is subtracted from total sales in arriving at gross income, it follows that a taxpayer's overstatement of the [cost of goods sold] on his income-tax return is an item omitted from gross income. [Lilly v. Internal Revenue Service; supra at 572; emphasis added.] We regard this statement by the Fourth Circuit as consistent with our conclusion that if items shown as cost of goods sold on a taxpayer's return are disallowed, absent an explanation in the notice of deficiency to the contrary, the disallowance results in an omission from gross income. We conclude that this case is not distinguishable from prior cases involving a disallowance of claimed cost of goods sold subtracted from gross receipts to arrive at gross income. Petitioner contends that she is also entitled to relief under section 6013(e) with respect to the Schedule C deductions disallowed by respondent. We disagree with petitioner. A deduction having no basis in fact or in law is a deduction that is frivolous, fraudulent, or phony. Douglas v. Commissioner, 86 T.C. 758, 763 (1986). It is clear that Mr. Velinsky was in the business of band management and had business deductions during the year in issue, but, as in Douglas v. Commissioner, supra, thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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