Barry and Penny Knelman - Page 2




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          decision are:                                                                 
               (1) Whether petitioners failed to report $14,555 of Schedule             
          C, Profit or Loss From Business, income for the 1994 tax year;                
               (2) whether petitioners are entitled to deduct $2,035 for                
          travel expenses and $1,330 for meals under section 162 as                     
          Schedule C business expenses; and                                             
               (3) whether petitioners are liable for the accuracy-related              
          penalty under section 6662(a).2                                               
                                   FINDINGS OF FACT                                     
               Some of the facts have been stipulated and are so found.                 
          The stipulated facts and the related exhibits are incorporated                
          herein by this reference.  At the time of filing the petition in              
          this case, petitioners resided in Irvine, California.                         


          (...continued)                                                                
          their landscaping business.  They dispute, however, that this                 
          income is subject to tax.                                                     
               Respondent also determined that petitioners had overstated               
          their Schedule C, Profit or Loss From Business, deductions                    
          relating to their landscaping business by $18,456.  Respondent,               
          however, conceded $2,235 of these deductions, reducing the                    
          overstated amount to $16,221.  Petitioners then conceded $12,856              
          of that amount, leaving $3,365 in dispute.                                    
               Before the parties’ concessions, respondent determined that              
          petitioners were subject to additional self-employment income                 
          taxes of $6,908 and entitled to an additional self-employment tax             
          deduction of $2,558.  Petitioners presented no evidence at trial              
          regarding this issue and failed to address it on brief.                       
          Petitioners are therefore liable for any self-employment income               
          taxes due on the additional self-employment income found by the               
          Court.  See Petzoldt v. Commissioner, 92 T.C. 661, 698 (1989).                
               2  All section references are to the Internal Revenue Code               
          in effect for the year in issue, and all Rule references are to               
          the Tax Court Rules of Practice and Procedure.                                





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