- 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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