- 10 - Petitioner reported $580 of gross receipts from this activity on Schedule C, Profit or Loss From Business, and claimed $174 as the cost of goods sold and $5,167 of business-related expenses, for a net loss of $4,761. Of the claimed expenses, $5,135 is for the use of petitioner's automobile, including mileage, insurance, and repairs. Respondent disallowed these expenses in their entirety because petitioner did not establish that the expenses were paid or incurred during the taxable year and that they were ordinary and necessary. As discussed above, a passenger automobile is listed property, and to substantiate a deduction attributable to listed property a taxpayer must comply with the strict substantiation requirements of section 274(d) and the regulations thereunder. Petitioner did not provide this Court with any records related to the use of his automobile. Respondent is sustained on this item. Petitioner claimed $174 as the cost of goods sold. Gross income does not include the cost of goods sold. See sec. 1.61- 3(a), Income Tax Regs. We think that it is very unlikely that petitioner could have realized $580 of gross profits without incurring some cost for the magnets that he sold. Thus, we allow $100 as the cost of goods sold. See Cohan v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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