Polly M. Cherry - Page 5

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          petitioner recorded on Form 4822, and (3) her State tax, FIT, and           
          FICA withheld from petitioner's salary and subtracted the amounts           
          petitioner claimed as Schedule C deductions for depreciation and            
          mileage.  According to Ms. Ranew's calculations, petitioner's               
          expenses exceeded her income by $22,696 in 1993 and $14,021 in              
          1994.                                                                       
               During the audit, petitioner explained to Ms. Ranew that the           
          reason she was able to fund expenses in excess of her total                 
          income from all sources was that she had received loans in 1993             
          and in 1994 from her sister, Mrs. Berry, and from a family friend           
          Mr. Lewis Peavy (Mr. Peavy).  Ms. Ranew contacted both Mrs. Berry           
          and Mr. Peavy, but neither of them provided Ms. Ranew with any              
          further details as to the amount or dates of those loans and                
          neither of them testified at trial.                                         
               Subsequently, respondent issued a notice of deficiency                 
          determining deficiencies in petitioner's Federal income taxes in            
          the amounts of $9,791 for 1993 and $6,876 for 1994.  Excepting a            
          $4,000 deduction for business mileage, respondent disallowed all            
          of petitioner's claimed business expenses for 1993.  Respondent             
          conceded by stipulation that, for the 1993 taxable year,                    
          petitioner was entitled to additional deductions in the amounts             
          of $1,089 for Eagle office rent and $111.37 for sales tax paid.             
          Similarly, respondent disallowed all of petitioner's claimed                
          business expenses for 1994 with the exception of a $4,000                   
          deduction for business mileage.  Respondent conceded by                     




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