Patrick S. Elliott and Donna J. Elliott - Page 6




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          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 1            






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