- 5 - presents evidence sufficient to provide some rational basis upon which estimates may be made. Vanicek v. Commissioner, 85 T.C. 731, 743 (1985). At trial, the parties made their respective arguments and concessions based on amounts reported in the revised Schedule C which was submitted with petitioners' amended return. Thus, for clarity and convenience, we address petitioners' claimed deductions using the amounts reported in the revised Schedule C. Basically, this is a substantiation case. We note that although Excel reimbursed petitioner for dues, radio, vouchers, tolls, and commissions, Excel nevertheless included these amounts in petitioner's weekly pay statement under "Gross Income". This is misleading and inaccurate because it gives the appearance that petitioner earned more in gross income than was the case. The president of Excel testified that the income after reimbursements was $36,583.66. At trial, respondent conceded that Excel reimbursed petitioner $14,694.49 for dues, radio, vouchers, tolls, and commissions and that income after such reimbursements was $36,583.66. This is the amount which we find should have been reported as gross income on petitioners' Schedule C. Although the parties stipulated that the notice of deficiency allowed certain amounts for dues, radio, vouchers and commissions as deductions, these reimbursed amounts are not deductible as business expenses. Flower v. Commissioner, 61 T.C.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011