- 6 - Deductions. For 1993, petitioners reported on Schedule C a loss of $48,483 from the operation of Stanton Mexicatessen, and interest expenses of $10,277 on Schedule A. For 1994, petitioners did not file a Schedule C and did not report any income or loss from the operation of Stanton Mexicatessen. Petitioners filed Form 4797, Sales of Business Property, for 1994 and reported a loss from the sale of Stanton Mexicatessen's assets of $123,557 (less a $4,712 gain from the disposition of other restaurant property for a net loss of $118,845). Form 4797 reported a sales date for the restaurant of January 1, 1994. Notice of Deficiency Respondent asserts that petitioners gave Ms. Eagatatt a security interest in the assets of Stanton Mexicatessen, as opposed to selling the restaurant to her. Accordingly, respondent determined that because petitioners did not sell Stanton Mexicatessen, they are not entitled to the claimed capital loss for 1994. As a consequence of that determination, respondent determined that petitioners failed to report the restaurant income for 1994, and further, that they underreported the restaurant income for 1992 and 1993. Respondent, therefore, reconstructed petitioners' restaurant income for each of the years in issue by determining the net profit from the restaurant as 3 percent of the restaurant's gross receipts (as reported by petitioners in 1992 and 1993, and as reported by Ms. Eagatatt in 1994).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011