Patrick S. Elliott and Donna J. Elliott - Page 4




                                        - 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