Jose Torres - Page 2

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                    under section 6651(a)(1) in the amount of $162, and an accuracy-                                                                                       
                    related penalty under section 6662(a) in the amount of $256.                                                                                           
                    Petitioner resided in Hollywood, Florida, at the time he filed                                                                                         
                    his petition.                                                                                                                                          
                              After concessions, the remaining issues are:  (1) Whether                                                                                    
                    petitioner is liable for the addition to tax under section                                                                                             
                    6651(a)(1); and (2) whether petitioner is liable for the                                                                                               
                    accuracy-related penalty under section 6662(a).                                                                                                        
                              The facts may be summarized as follows.  Petitioner is an                                                                                    
                    insurance agent.  Petitioner filed two Schedules C with his 1994                                                                                       
                    return, only one of which was questioned by respondent in the                                                                                          
                    notice of deficiency.  On the Schedule C in issue, petitioner                                                                                          
                    classified himself as a statutory employee and reported a net                                                                                          
                    loss of $8,543.                                                                                                                                        
                              In the notice of deficiency, respondent disallowed the loss                                                                                  
                    claimed on the Schedule C for lack of substantiation.  The                                                                                             
                    disallowed expenses related to deductions claimed for office                                                                                           
                    expenses, "dues and subscriptions", and automobile expenses.2                                                                                          
                              Petitioner's 1994 return was originally due on April 17,                                                                                     
                    1995.3  Sec. 6072(a).  Petitioner applied for and received an                                                                                          


                    2         The parties stipulated that petitioner is entitled to $6,007                                                                                 
                    of the $8,543 in expenses claimed on the Schedule C, thereby                                                                                           
                    resolving the substantiation issue raised in the notice of                                                                                             
                    deficiency.                                                                                                                                            
                    3         Because April 15, 1995, fell on a Saturday, a return filed                                                                                   
                    on the following Monday is deemed timely under sec. 7503.                                                                                              




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