Darryl Shawn and Melonee Yevette Bundridge - Page 5

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                    Water                         none           none                 
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          In the notice of deficiency, respondent disallowed all expenses             
          claimed on the Schedule C for the taxable year 1993.                        
               Petitioners' 1992 and 1993 Federal income tax returns were             
          prepared by Bernadette Henderson of Green's Tax Service, and                
          their amended 1993 return was prepared by Lee Green of Green's              
          Tax Service.                                                                
               At the end of the trial, respondent orally moved for leave             
          to conform the pleadings to the evidence under Rule 41(b).                  
          Petitioners did not object.  We took the motion under advisement.           
                                       OPINION                                        
               As a preliminary matter, we consider whether respondent's              
          motion to conform the pleadings to the evidence should be                   
          granted.                                                                    
               Respondent's motion is for leave to file an amended answer             
          for an increased deficiency and penalty.  The deficiency for 1992           
          would be increased from $4,976 to $5,846 resulting from the                 
          correction of the gross receipts to $48,677 and the cost of goods           
          sold to $29,236.2  The penalty for 1992 would be increased from             
          $995 to $1,169.                                                             


               2  On their 1992 Schedule C, petitioners claimed $1,200 as             
          the amount of supplies.  The parties agreed that the goods                  
          purchased (cost of goods sold) for 1992 was $29,236.  This was              
          based on the total purchases from Abbey Road.                               




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