- 4 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011