Patrick S. Elliott and Donna J. Elliott - Page 9




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          income and to claim their employee expenses, if properly                    
          substantiated, on Schedule A as a deduction from AGI, subject to            
          certain limitations.  Accordingly, we must conclude that                    
          respondent’s determinations that the nonemployee compensation               
          reflected on the Forms 1099-MISC is includable in gross income              
          were not in error.4                                                         
               Petitioners contend that they need not prove or justify                
          their employee expenses because of respondent’s failure to                  
          expressly state that petitioners were not entitled to claim the             
          expenses.  Petitioners argue that the offsetting expenses                   
          reflected on the Forms 2106 are not in issue and that we have no            
          jurisdiction over them.  If that were petitioners’ sole argument,           
          even if they were successful, it would have no effect on the                
          income tax deficiencies determined by respondent.5  That is so              
          because petitioners used the expenses to offset compensation that           




               4 In addition, petitioners do not question the correctness             
          of respondent’s determination that they failed to show that the             
          excess amounts of employee expenses that were claimed on the                
          Schedules A were ordinary and necessary or expended for the                 
          purpose stated.                                                             
               5 We must note that if respondent had merely disallowed the            
          offsetting expenses reflected by petitioners on their Forms 2106            
          and had not made any adjustment to the Form 1099-MISC                       
          compensation, there would have been no resulting income tax                 
          deficiency.  That is so because petitioners did not first include           
          the compensation in the gross income that was used to compute               
          their adjusted gross income and, ultimately, their taxable                  
          income.                                                                     





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