Paul Harrison Duncan - Page 2




                                        - 2 -                                         

               After a concession by respondent,2 the issues remaining for            
          decision are: (1) Whether petitioner is entitled to Schedule C,             
          Profit or Loss From Business, deductions for travel expenses                
          related to his trucking activity in excess of amounts allowed by            
          respondent; (2) whether petitioner is entitled to a home office             
          expense deduction under section 280A in connection with his                 
          trucking activity; and (3) whether petitioner is liable for an              
          addition to tax under section 6651(a)(1) for failure to file his            
          income tax return timely.                                                   
               Some of the facts were stipulated, and those facts, with the           
          annexed exhibits, are so found and are incorporated herein by               
          reference.  Petitioner's legal residence at the time the petition           
          was filed was Tazewell, Tennessee.                                          
               During 1994, petitioner was an independent, over-the-road              
          truck driver.  Petitioner operated a 1984 Volvo tractor-truck               
          that he purchased for $10,000 in January 1994.  Petitioner                  
          contracted all of his cargo hauling assignments during 1994                 
          through Knox Cartage in Knoxville, Tennessee.  Typically,                   



               2    At trial, respondent conceded that petitioner is                  
          entitled to a Schedule C, Profit or Loss From Business, deduction           
          of $10,000 under sec. 179 for the cost of a Volvo tractor-truck             
          petitioner purchased during 1994 for use in his truck driving               
          activity.  Other adjustments in the notice of deficiency are                
          computational and will be resolved by the Court’s holdings on the           
          contested issues.  These adjustments include increases in                   
          petitioner’s self-employment taxes, the deduction for one-half of           
          self-employment taxes, and petitioner’s earned income credit.               





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