Steven R. Goins - Page 8

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          employee business expenses, such as workmen's compensation                  
          insurance payments, and gasoline and van rental expenses.  These            
          deductions are, of course, allowable only to the extent they                
          exceed 2 percent of petitioner's adjusted gross income.  Sec.               
          67(a).  Respondent asserts, however, that petitioner is also                
          attempting to characterize loan and cash advance repayments as              
          allowable employee business expenses.                                       
               Deductions are strictly a matter of legislative grace, and             
          petitioner bears the burden of proving his entitlement to any               
          deductions claimed.  Rule 142(a); INDOPCO, Inc. v. Commissioner,            
          503 U.S. 79, 84 (1992); New Colonial Ice Co. v. Helvering, 292              
          U.S. 435, 440 (1934).                                                       
               Petitioner has presented no evidence that amounts listed as            
          "loan payments" are deductible as employee business expenses.               
          Respondent's determinations as to petitioner's employee business            
          expense deductions are therefore sustained.                                 
          II. Section 6651 Addition to Tax                                            
               Section 6651(a)(1) imposes a 5-percent addition to tax each            
          month for failure to file a tax return.  The addition is not to             
          exceed 25 percent in the aggregate.  The statute provides a                 
          reasonable cause exception where the taxpayer can prove the                 
          failure to file was not due to willful neglect.  Sec. 6651(a)(1).           
               Petitioner testified that he did not file a tax return for             
          1989 because his Form 1099 from Carolina Acoustical designated              





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