Michael T. Chappell - Page 17




                                       - 17 -                                         
          deduct commission expenses for 1994 and 1995 because he did not             
          establish the business purpose of the payments, he did not issue            
          Forms 1099 to the individuals he claims were independent                    
          contractors for the tax preparation business in 1994 and 1995,              
          and his statement during the audit that he had only one                     
          independent contractor conflicts with his testimony at trial that           
          he had 12-14 independent contractors in 1994 and 1995.                      
          We disagree.                                                                
               At trial, petitioner credibly testified that he paid                   
          commissions to 12 to 14 independent contractors to work in his              
          tax preparation business in 1994 and 1995.  At trial, he                    
          introduced copies of canceled checks payable to the independent             
          contractors and testified about the work they performed.  We                
          conclude that petitioner may deduct commission expenses of $7,980           
          for 1994 and $7,076 for 1995.4                                              
               Petitioner testified that he paid wages of $3,400 a year in            
          1994 and 1995 to each of his three children.  Petitioner’s                  
          children were ages 16, 12, and 8 in 1994.  A taxpayer may deduct            
          payments for compensation if the amount paid is reasonable in               
          amount and for services actually rendered.  See sec. 162(a)(1);             
          Home Interiors & Gifts, Inc. v. Commissioner, 73 T.C. 1142, 1154            


               4  The checks submitted at trial for 1994 and 1995 are                 
          substantially more than the amount of commissions petitioner                
          deducted for those years.  Petitioner did not explain the                   
          difference.                                                                 





Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011