- 6 - effect, respondent’s determination did not allow the offsetting expenses in calculating gross income. Respondent explains that it was not necessary to make a further adjustment regarding the offsetting expenses, insofar as they did not exceed the compensation. That is so because petitioners did not claim them on Schedules C, Profit or Loss From Business, or Schedules A of their returns as deductions from the gross or adjusted gross income that was used to compute petitioners’ respective taxable income. Accordingly, respondent did not expressly state that the offsetting expenses, up to the amount of the compensation, were disallowed as business deductions or as miscellaneous itemized deductions. Petitioners argue that respondent’s failure to make an express determination with respect to the employee expenses claimed on Forms 2106 results in the employee expenses’ not being placed in issue. Petitioners further argue that if the expenses are not in issue, then the Court lacks subject-matter jurisdiction over the offsetting expenses. Next, petitioners contend that they did not raise the expenses in their petitions and therefore the expenses are allowable as reflected on their Forms 2106. Respondent counters that his determination corresponded to petitioners’ reporting approach. Respondent determined that the nonemployee compensation is includable in gross income on page 1Page: 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