Patrick S. Elliott and Donna J. Elliott - Page 12




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               Generally, respondent determined that petitioners should               
          have included the nonemployee income reflected on the Forms 1099-           
          MISC in gross income and not in an offset format on their Forms             
          2106.  In years where petitioners claimed the excess of employee            
          expenses over nonemployee compensation on the Schedules A,                  
          respondent determined that said excess expenses had not been                
          substantiated or shown by petitioners to be ordinary and                    
          necessary.8  Respondent employed the following explanatory                  
          language, with certain minor variations for each group of                   
          petitioners, in determining the relevant adjustments to                     
          petitioners’ income:                                                        
                    Nonemployee Compensation                                          
               It is determined that you have nonemployee compensation                
               from American Energy Services, Inc. in the amount of                   
               * * * rather than * * * as reported on your * * *                      
               income tax returns.  Accordingly, your taxable income                  
               is increased * * *.                                                    
                    Itemized Deductions * * * [year]                                  
               It is determined that you have miscellaneous expenses,                 
               subject to the two percent of adjusted gross income                    


               8 In years where there was an excess of expenses over the              
          amount of nonemployee compensation on the Forms 2106, petitioners           
          claimed the excess on the Schedules A as itemized deductions.  In           
          those years, respondent determined that the nonemployee                     
          compensation was includable in gross income and disallowed the              
          excess expenses claimed on the Schedules A.  In years where the             
          nonemployee compensation exceeded the expenses claimed on the               
          Forms 2106 and petitioners reported the excess on page 1 as gross           
          income, respondent determined that the amounts that had been                
          offset on the Forms 2106 were also includable on page 1 as gross            
          income.  In either event, respondent did not explicitly disallow            
          the expenses claimed on the Forms 2106.                                     





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