- 21 - 2. Whether Petitioners Had More Deductions or Cost of Goods Sold Than Allowed by Respondent Respondent's agent audited petitioners in these cases and allowed deductions and cost of goods sold to the extent substantiated by petitioners. Petitioners contend that they may deduct more than respondent allowed. a. Deductions for The Owens' Vineyard Mr. and Mrs. Owens contend that they may deduct $1,820 for vineyard upkeep in 1989. We disagree. Mr. and Mrs. Owens had no records for this activity and no experience in the business. There is no evidence how they conducted this activity. Mr. and Mrs. Owens denied that they made wine. There is no evidence that the vineyards produced any income. Mr. and Mrs. Owens did not show that their vineyard was an activity for profit. b. Franchise Payment Petitioners contend that Mr. Owens orally gave Ms. Feltrinelli a franchise to operate Big O Truck Stop. Petitioners contend that Ms. Feltrinelli made a $5,000 franchise payment to Mr. Owens in the years in issue. Other than Mr. Owens' testimony, there is no evidence that Ms. Feltrinelli paid $5,000 to the Owens in 1989 or 1990. The signs, telephone-answering procedure, and bank accounts suggest that Mr. Owens owned and operated Big O Truck Stop. Petitioners have failed to prove Ms.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011