John Joseph Montano - Page 6

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          tax auditor.  We are convinced that in order to offset his State            
          of California wage income, petitioner merely manipulated                    
          fictitious figures on his Federal income tax returns, including             
          1993, to make it appear that he was operating a Schedule C                  
          business that generated losses year after year.  Petitioner                 
          admitted as much at trial.  Accordingly, we sustain respondent's            
          disallowance of petitioner's claimed returns and allowances on              
          Schedule C of his 1993 return in the amount of $45,243.                     
               Petitioner's 1993 Schedule C reflects that petitioner                  
          operated a business of filament tape manufacturer and converter             
          as a proprietor.  The Schedule C shows gross receipts of $6,417,            
          returns and allowances of $45,243, and cost of goods sold of                
          $6,031.  Respondent disallowed the returns and allowances, but              
          made no adjustment to cost of goods sold.                                   
               In computing petitioner's total earnings from self-                    
          employment, respondent erroneously added the $6,031 cost of goods           
          sold to the gross receipts of $6,417, rather than reducing the              
          latter by the former, thus erroneously arriving at total earnings           
          from self-employment in the amount of $12,448.  Based on this               
          figure, respondent incorrectly computed petitioner's self-                  
          employment tax liability and the related self-employment tax                










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