Marcos Eliseo and Teodora C. Escobar De Paz, et al. - Page 4




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          to a deduction on Schedule A, Itemized Deductions, for                      
          unreimbursed employee business expenses of $28,947, subject to              
          the limitations set forth in section 67(a).                                 
               Jose A. Batres (Mr. Batres) and Dina Batres filed their 1995           
          joint Federal income tax return and reported wage income of                 
          $18,327.  Included in the return is a Schedule E for a                      
          “commercial tractor”, on which the Batreses reported rents of               
          $22,374 and expenses totaling $22,374, resulting in zero income             
          or loss.  In the notice of deficiency, respondent determined that           
          the Batreses had unreported Schedule C income of $41,5473 and               
          allowable Schedule C expenses of $22,590.  Wage income was                  
          reduced by $18,327.  Respondent further determined that                     
          petitioners were liable for self-employment tax of $2,679, and              
          $1,340 was allowed as a deduction for self-employment taxes.  Mr.           
          and Mrs. Batres have not contested the amount of income                     
          determined by respondent to have been received by Mr. Batres from           
          his trucking operation.  Respondent now does not contest that Mr.           
          Batres’ income was received as an employee, subject to the                  
          resolution of the lease activity issue, and the Batreses are                
          entitled to a deduction on Schedule A for unreimbursed business             





          3  This amount includes additional unreported income that                   
          was not reported as either wages or Schedule E rents on the 1995            
          return.                                                                     




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