John Awadallah and Susan Malaty - Page 5




                                        - 4 -                                         
                    Expense                       Amount                              
                    Legal and professional        $9,847                              
                    Rent or lease                 12,120                              
                    Repairs and maintenance       463                                 
                    Supplies                      146                                 
                                                  22,576                              
          Petitioner terminated the tutoring activity at the end of 1996.             
               Respondent, in his notice of deficiency, disallowed all of             
          the deductions reported on Schedule C.  Respondent asserted that            
          the expenses were not paid or incurred, and that the expenses               
          were not ordinary and necessary.  At trial, respondent further              
          contended that, if petitioner is able to substantiate the                   
          expenses, part of the expenses should be disallowed under section           
          183.                                                                        
          Discussion                                                                  
               A.  General                                                            
               The record in this case is confused, disorganized, and                 
          fraught with inconsistent assertions and theories.  The truth in            
          this case is elusive.  Of concern is that petitioner operated an            
          activity in cash, maintained no books and records, yet reported             
          specific amounts of income and deductions.  Petitioner and his              
          accountant have failed to provide sufficient detail as to                   
          expenditures.  While we conclude that petitioner tutored some               
          students, the vague testimony makes it impossible to determine              
          the nature and extent of petitioner’s activities.  While                    
          petitioner was generally credible, we are satisfied that the                






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