- 4 - used in the regulations under section 62.3 Patrick and Larry included the Form 1099-MISC nonemployee compensation on their respective Forms 2106 in conjunction with their claims for employee expenses. Accordingly, the nonemployee compensation from AES was offset by Patrick’s and Larry’s employee business expenses claimed on their respective Forms 2106. In this manner, the offset portion of the nonemployee compensation from AES was not included in Patrick’s and Larry’s gross income reported on page 1 of their returns for each tax year. In the process of offsetting the income and expenses on their Forms 2106, Patrick and Larry generally treated the excess amount of employee business expenses or nonemployee compensation in a similar manner. If their claimed expenses exceeded the nonemployee compensation reflected on the Form 2106, the excess expense amount was carried to Schedule A, Itemized Deductions, and claimed as employee expenses deductible from adjusted gross income. If their nonemployee compensation exceeded their claimed employee business expenses, then the excess compensation was included in gross income on page 1 of their Forms 1040, U.S. Individual Tax Return. Patrick and Larry differed in their 3 Unless otherwise indicated, section references are the Internal Revenue Code in effect for the period under consideration, and Rule references are to the Tax Court’s Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011