- 4 - orally moved for summary judgment which we treated as a motion for entry of decision based upon the fact that no further issues remained to be heard in this case. Petitioners’ counsel did not dispute the unreported income determined by respondent, but argued that petitioners are entitled to be heard on the issue of deductible business expenses. Petitioners filed their joint Federal income tax return for 1994 on January 9, 1996. Included as wages on Line 7 of the return was the amount of $31,297 paid by Preneed Marketing Associates to petitioner Linda Brumley (Ms. Brumley). This amount was reported on a Form 1099--MISC. issued to Ms. Brumley by the payor. Respondent determined in the notice of deficiency that petitioners were subject to self-employment tax for 1994 on the $31,297 received by Ms. Brumley and liable for the addition to tax for failure to timely file their joint Federal income tax return for 1994. This is the only adjustment to petitioners’ Federal income tax return for 1994 made by respondent in the notice of deficiency. In his opening statement on Wednesday, February 11, 1998, Mr. Tijerina conceded that Ms. Brumley was self-employed in 1994 and her income was subject to self-employment tax. However, he claimed for the first time that Ms. Brumley is entitled to certain business expense deductions incurred in earning herPage: Previous 1 2 3 4 5 6 7 8 9 Next
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