- 12 - did not have enough income to be required by law to file a return. Petitioner believed that in calculating his income to determine whether he was required to file a return he was entitled to deduct his claimed expenses in arriving at the income figure. In support of this contention, petitioner submitted a copy of the tax return instructions that he claimed he relied on in reaching his decision not to file. The instructions read, in relevant part, as follows: You must file a return if your gross income was at least the amount shown in the last column.[3] Gross income means all income you received in the form of money, goods, and services that is not exempt from tax, including any gain on the sale of your home (even if you may exclude or postpone part of all of the gain). * * * Petitioner's claim is not supported by the instructions he purportedly relied on. He misread or misconstrued the above- quoted language. The instructions clearly state that a taxpayer must file a return if his gross income for the year equals or exceeds a specified dollar amount. In the next sentence, the term "gross income" is clearly defined. Importantly, the definition of "gross income" in the instructions does not in any way state or even mention the deduction of any expenses in arriving at "gross income". Petitioner's claim cannot be 3 The amount shown in the last column is $6,050 and $6250 for 1993 and 1994, respectively.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011