Lota Womack - Page 12

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          1989 and $167,669 for the year 1990.4  Actually the notice of               
          deficiency listed all of the deduction categories, including the            
          labor and materials (purchases) items described on the returns as           
          cost of goods sold, simply as Schedule C expenses.  For 1989                
          respondent reduced purchases from $10,760 to $8,420 and reduced             
          subcontract labor from $8,853 to $7,706.  For 1990 respondent               
          increased cost of labor from $53,300 to $67,388 and reduced                 
          materials and supplies from $73,239 to $34,344.                             
               Of the 13 categories of Schedule C expenses (not including             
          depreciation) reported in 1989, respondent reduced the allowable            
          expenses in six categories by a total of $7,514 and increased               
          four categories by a total of $4,185, for a net reduction of                
          $3,329.  Of the 18 categories of Schedule C expenses (not                   
          including depreciation) for 1990, respondent decreased eight                
          categories by a total of $52,557 and increased six categories by            
          a total of $28,704, for a net reduction of $23,853.  Respondent             
          also identified $3,063 of personal expenses for insurance and               


          4 The Court does not read this as a stipulation that Mr.                    
          Womack's property services business in fact involved cost of                
          goods sold.  See Velinsky v. Commissioner, T.C. Memo. 1996-180,             
          where on the facts of that case the Court concluded that there              
          was indeed cost of goods sold.  On the record in the present                
          case, the Court concludes that the income of the business is                
          derived from performance of services, principally lawn care                 
          services.  The record does not indicate that Mr. Womack                     
          maintained any inventories or sold goods to customers or clients.           
          To the extent that the stipulation can be read as showing that              
          this case involves cost of goods sold, the Court will disregard             
          the stipulation as a legal conclusion unsupported by the factual            
          record.                                                                     




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