Larry Charles Miller - Page 4




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                                             Discussion                                                
                  Deductions are a matter of legislative grace, and the burden                         
            of showing the right to deductions is on the taxpayer.  See Rule                           
            142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992).                             
            A.  Schedule C Deductions                                                                  
                  The Schedule C deductions that remain in issue fall into                             
            four broad categories:  (1) Office expenses; (2) meals and                                 
            entertainment; (3) repairs and maintenance; and (4)                                        
            parking/tolls.                                                                             
                  1.  Office Expenses                                                                  
                  Total office expense deductions at issue are $73,294.50 for                          
            1993, and $23,815.97 for 1994, and fall into two broad                                     
            categories:  (a) Office expense deductions allegedly taken to                              
            offset improperly reported income items; and (b) other office                              
            expenses.                                                                                  
                        a.  Office Expense Deductions Allegedly Taken To Offset                        
                        Improperly Reported Income Items                                               
                  The first issue is whether petitioner can deduct $72,516 and                         
            $15,956.97 in office expense deductions allegedly taken to offset                          
            improperly reported income items in 1993 and 1994, respectively.                           
            Petitioner argues that he included nontaxable items in gross                               
            receipts and then deducted the same amount on Schedule C as an                             
            office expense because the items included in income were                                   
            nontaxable.  From this, we conclude that petitioner acknowledges                           






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