- 2 - After concessions, the issues for decision are: 1. Whether petitioner’s proper filing status is head of household for 1994 and 1995, as petitioner contends, or married filing separately, as respondent contends. We hold that it is married filing separately. 2. Whether petitioner is entitled to the earned income credit for 1995. We hold that he is not. 3. Whether petitioner had unreported income from his Schedule C business for 1994 and 1995.1 We hold that he had unreported income of $42,972 for 1994 and $12,068 for 1995. 4. Whether petitioner may deduct miscellaneous expenses related to his income tax return preparation business for 1994 and 1995. We hold that he may to the extent discussed below. 5. Whether petitioner is liable for the 10-percent addition to tax under section 72(t) for 1995 for an early distribution from a retirement account. We hold that he is. 1 Respondent determined that petitioner had unreported gross receipts for 1995 of $36,714, but now concedes that $23,845.64 is nontaxable or was reported in income by petitioner in that year: $3,759.27 (taxable distribution from retirement money market account included in taxable distribution reported by petitioner); $15,297 (Aug. 3, 1995, workers’ compensation settlement payment); $180 of $1,363.42 deposit made on Oct. 3, 1995, and the $180 deposits made on Oct. 25, Nov. 17, and Nov. 28, 1995 (unemployment compensation included in income reported by petitioner); $3,069.37 (nontaxable insurance recovery payment); and a $1,000 debit on May 8, 1995 (adjustment for returned check).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011