Marcos Eliseo and Teodora C. Escobar De Paz, et al. - Page 5




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          expenses of $22,590, subject to the limitations set forth in                
          section 67(a).                                                              
               Agustin Perez (Mr. Perez) and Isabel Sanchez (Ms. Sanchez)             
          filed their 1996 Federal income tax return and reported wage                
          income of $29,365.  The Perez-Sanchez return includes a Schedule            
          E which reports rents received (“lease value”) of $42,238, offset           
          by an equivalent amount of expenses.  In the notice of                      
          deficiency, respondent determined that they had gross receipts              
          for Schedule C of $71,603, allowed Schedule C business expenses             
          of $42,895, determined further that Mr. Perez was liable for                
          self-employment tax of $4,056, and allowed a self-employment tax            
          deduction of $2,028.  Again, respondent no longer contests the              
          classification of employee, concedes the self-employment tax                
          issues, and agrees that a deduction of $42,895 is allowable on              
          Schedule A as a miscellaneous itemized deduction, subject to the            
          section 67(a) limitation.                                                   
               Each of petitioner husbands herein entered into an agreement           
          with a trucking company regarding his working relationship.  Mr.            
          Escobar and Shipper’s Transport entered into an agreement                   
          entitled “Owner-Operator Equipment Agreement” on February 10,               
          1995.  In 1995, Mr. Batres entered into a contract with Calko               
          Transport Co., Inc. (Calko).  Mr. Perez, on October 23, 1995,               
          entered into an agreement entitled “Lease and Subhaul Agreement             
          with Independent Contractor” with Interstate Consolidation, Inc.,           





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