Michael D. and Joan Welch - Page 8

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          provisions of section 469 do not apply to deny petitioner a                 
          deduction for the full loss from this activity.                             
               We now examine respondent’s alternative theory that                    
          petitioner was merely incurring employee business expenses, which           
          were partially reimbursed and the excess is deductible on                   
          Schedule A.  This issue requires us to determine whether the                
          expenses claimed were properly attributable to a separate                   
          activity of renting the equipment or whether the expenditures               
          pertained to petitioner’s activity of being an employee.  The               
          latter expenses are deductible on Schedule A as an itemized                 
          deduction.  After a careful review of this record, we conclude              
          that the expenses claimed on Schedule C for car and truck,                  
          equipment rental use, and location travel pertain to the rental             
          activity and are allowable as Schedule C deductions.  Petitioner            
          has not clearly shown how the other claimed expenses pertain to             
          the rental activity, and therefore we hold that they are only               
          deductible as unreimbursed employee business expenses on Schedule           
          A.                                                                          
              In view of the above, we further hold that petitioners are             
          not liable for the accuracy-related penalty.  The adjustment                
          required by shifting some expenses from Schedule C to Schedule A            
          will reduce the loss claimed on Schedule C, increase adjusted               
          gross income by a like amount, and increase the 2-percent floor             
          limiting the deduction of unreimbursed business expenses.                   





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