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