- 3 - $7,296 to reflect an allowance of the standard deduction. In addition, respondent disallowed all of the rental expenses. In the Stipulation of Facts and Agreed Adjustments, the parties agreed that petitioner is not entitled to the Schedule E partnership loss or the net operating loss deduction. Of the disallowed rental expenses, petitioner conceded $4,987 and respondent conceded $651. With regard to the itemized deductions, while the parties stipulated that petitioner substantiated taxes of $2,164, they agreed that there is no tax benefit because petitioner did not have itemized deductions in excess of the standard deduction. Finally, respondent conceded the addition to tax for delinquency. On his 1991 Federal income tax return petitioner claimed a fuel tax credit of $8,249. Respondent disallowed this amount in the notice of deficiency. Respondent contends that petitioner is not entitled to a fuel tax credit and, in any event, has not substantiated his expenditures for gasoline and diesel fuel. Petitioner is a truck driver.2 In 1991, petitioner owned two vehicles, a dump truck that operates on diesel fuel and a pickup truck that uses regular gasoline. Petitioner kept the 2 The structure of petitioner’s trucking business apparently is that of a partnership with his son, petitioner having 99 percent interest in the partnership. No partnership agreement or records are contained in the record. The parties have basically ignored the partnership in presenting this case, and we shall do so as well.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011