- 2 - petitioners' 1993 Federal income tax in the amount of $3,538 and an accuracy-related penalty under section 6662(a) in the amount of $708. The issues for decision are: (1) Whether petitioners are entitled to deduct certain claimed Schedule C expenses; (2) whether petitioners underreported capital gain income on Schedule D by the amount of $22,116; and (3) whether petitioners are liable for the accuracy-related penalty under section 6662(a). For clarity and convenience, we have combined the findings of fact and discussion of pertinent legal issues. Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. Petitioners resided in Avon, Connecticut, at the time the petition was filed. We begin by noting that petitioners bear the burden of proving that respondent's determination is erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Moreover, deductions are a matter of legislative grace, and petitioners bear the burden of proving that they are entitled to any deductions claimed. INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992). 1. Schedule C Deductions Petitioner Terry Dilozir (petitioner) was self-employed as a real estate agent during the year in issue. Petitioner worked in 1(...continued) Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011