- 12 - maintain accurate books and records with respect to his claimed meals and entertainment expenses that would satisfy the substantiation requirements of section 274(d). See sec. 6001; sec. 1.6001-1(a), Income Tax Regs. There is no evidence in the record that petitioner relied on the advice of a professional, such as an accountant. Petitioner's obvious position, to be surmised from the totality of his testimony, is that he relied on two previous audits by the IRS in which the manner of reporting his process-server income was accepted. As noted earlier, no documentary evidence was presented to show the basis upon which these audits were settled. In the second audit, petitioner paid a deficiency of $1,500 that may or may not have been based on the method of reporting his process-server income. Finally, petitioner was certainly on notice each year when he received IRS Forms W-2 from the Messenger Service that clearly identified his earnings as salary or wages. Salary or wages do not constitute self-employment income, nor is such income gross income from a trade or business activity for purposes of Schedule C. The Court sustains respondent on this issue. An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011