- 17 - Cir. 1993), affg. 94 T.C. 126 (1990); Douglas v. Commissioner, supra. In the instant case, the unreported income is by definition grossly erroneous. It is not clear whether petitioner is arguing that there was an overstatement of cost of goods sold in this case. In any event, on the record in this case, it appears that Mr. Womack was in the business of rendering services, primarily lawn care services for vacation-home owners. The Court cannot find that Mr. Womack maintained inventories of goods or manufactured, produced, or purchased goods for resale. Secs. 1.61-3(a), 1.162-1(a), Income Tax Regs. The Court cannot find that Mr. Womack's property services business involved cost of goods sold. Compare LaBelle v. Commissioner, supra, that involved an automobile dealership and Velinsky v. Commissioner, supra, that involved the production of a music video for a customer. In order for the disallowed business expenses to be grossly erroneous items, petitioner must demonstrate that those expenses had no basis in fact or in law. Mr. Womack possessed no understanding of the preparation of the tax returns. Petitioner did not call Ms. Stroup, Mr. Wade, or respondent's revenue agent to testify. Petitioner has presented no proof that any of the disallowed expenses were not incurred; i.e., had no basis in fact.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011