- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011