Kevin E. O'Brien - Page 9




                                        - 9 -                                         
          These amounts rarely changed and very few indicated a customer              
          was involved.  There are a lot of numbers next to the entries for           
          demo rides, but there is no indication as to what these numbers             
          mean.  We also note that there were numerous entries for “BRK 15"           
          which petitioner stated meant that he was dealing with                      
          individuals from the military barracks on the island.  We find it           
          incredible that nearly every time petitioner dealt with a person            
          from the barracks, it cost him $15.  Therefore, petitioner is               
          limited to a deduction for the meals expenses identified above.3            
               Petitioner also claimed a deduction for tax preparation of             
          $200 as a miscellaneous deduction on Schedule A.  Petitioner                
          admitted that he did not incur a $200 expense for tax preparation           
          in 1993, since he had his 1992, 1993, 1994, and 1995 returns                
          prepared in 1996.  Accordingly, since there was no tax                      
          preparation expense incurred in 1993, petitioner is not entitled            
          to claim such a deduction.                                                  
          Section 6651(a)(1)                                                          
               Petitioner did not file his 1991 return because he did not             
          receive a Form W-2 from his employer.  Petitioner did not file              
          any subsequent returns because a coworker allegedly told him he             
          could not file any returns until the 1991 return was filed.                 




               3  We also note that all expenses allowed are subject to the           
          2 percent of AGI limitation pursuant to sec. 67(a).                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011