Michael D. and Joan Welch - Page 4

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          and truck $928, legal and professional $1,900, office expense               
          $413, supplies $106, taxes and licenses $120, meals and                     
          entertainment $346, equipment rental use $10,687, home office               
          $1,000, location travel $679, telephone $738, and union dues                
          $330.3                                                                      
               Petitioners’ return was prepared by Mr. Virgil Judd.  The              
          determination to reflect the rental income and expenses on                  
          Schedule C was made by Mr. Judd and petitioner jointly.  Mr. Judd           
          stated that he was following the procedure that had been used in            
          previous years, and petitioner testified that 1993 was the only             
          year in which he had reported a loss from this activity.                    
               In the notice of deficiency, respondent took alternative               
          positions with regard to petitioner’s Schedule C.  Initially,               
          respondent determined that the Schedule C loss was not allowable            
          because it was incurred in the pursuit of a passive activity.  In           
          the alternative, respondent takes the position that the $10,200,            
          reported as income on Schedule C, is merely reimbursement for               
          employee business expenses.  Therefore, respondent contends that            
          the petitioner should have reported his employee business                   
          expenses on Schedule A, reduced by the $10,200.4                            

          3   On Schedule A, petitioner also deducted $3,491 as Form                  
          2106 expenses (i.e. employee business expenses) and $1,244 as               
          union and professional dues.                                                
          4   Although respondent disallowed the entire loss claimed on               
          Schedule C, respondent also disallowed by a separate adjustment             
                                                                (continued...)        




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