- 3 - Character of Income Petitioners reported income on the 1993 Schedule C of $198. This amount is attributable to royalties petitioner received for consulting work he had performed prior to 1993 for an educational video. Petitioner had provided information on anthropology and agreed to accept as part of his compensation a percentage from the future sales of the video. For 1994, petitioner reported Schedule C income of $4,697 consisting of video royalties of $313, $9 for performing unspecified research, $2,500 as a refund of legal expenses, and $1,877 of interest. Prior to the years at issue, petitioner had assisted an individual with his invention. A legal dispute arose between the parties. Petitioner retained counsel in 1993 and paid him an amount in excess of $2,500. In 1994, the matter more or less disappeared, and petitioner’s counsel refunded $2,500 to petitioner. Petitioner included the $2,500 in Schedule C income because he had claimed a Schedule C deduction for legal expenses in 1993.2 2 Petitioners claimed a deduction of $4,398 for legal and professional services on the 1993 Schedule C. It is not apparent whether this entire amount was paid to petitioner’s counsel concerning the invention matter. Respondent concedes that the $2,500 is not includable in income in 1994 and the $2,500 is not a deductible expense for 1993, irrespective of whether we determine that petitioner’s activity was not entered into for profit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011