Steven and Jennie Jacobs - Page 12

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            petitioner included the amounts paid to the production assistant                              
            in the $21,876 of income reported on Schedule C.                                              
                  Nor are we inclined to give petitioner the benefit of the                               
            doubt--much less consider that he has carried his burden of                                   
            proof--that any part of the amount claimed was paid for services                              
            provided by sound engineers.  Petitioner admitted that he usually                             
            paid for such services in cash because he was thereby able to                                 
            obtain discounts from market rates charged by service providers                               
            who were moonlighting after hours from their regular jobs.  We                                
            are sufficiently familiar with the operations of the underground                              
            economy to say that a taxpayer who makes payments in cash to                                  
            facilitate income tax underreporting and unauthorized use of                                  
            employer facilities by employee service providers does not                                    
            thereby convince us, without documentation, that he has incurred                              
            and paid deductible expenses.                                                                 
                  With respect to the legal fee portion of petitioners' claim,                            
            petitioner failed to provide the Court with sufficient                                        
            information to determine if the legal expenses claimed were                                   
            related to the business or were personal in nature.  Petitioner                               
            testified that the legal fees were partly for a bankruptcy that                               
            he had filed in the previous year and for the attorney to review                              
            "contracts".                                                                                  
                  Respondent's determination on this issue is sustained in                                
            full.                                                                                         





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