John Norman Favero and Patricia Carolyn Favero - Page 8




                                        - 8 -                                         
          provide no basis to determine the nature of the expenditures.               
          The records fall far short of meeting the strict substantiation             
          requirements of section 274(d) which apply to deductions relating           
          to the use of passenger automobiles.  Secs. 274(d)(4),                      
          280F(d)(4)(A)(i); 1.274-5T(c)(1) and (2), Temporary Income Tax              
          Regs., 50 Fed. Reg. 46016, 46017 (Nov. 6, 1985).  Petitioners               
          failed to address any of the other Schedule E expenses disallowed           
          by respondent.  Consequently, we uphold respondent’s                        
          determinations regarding petitioners’ Schedule E expenses in 1995           
          and 1996.                                                                   
               At trial Mr. Favero stated that petitioners would like to              
          file their 1997 Federal income tax returns jointly.  Petitioners            
          filed separate 1997 returns.  Mr. Favero was issued a notice of             
          deficiency for his 1997 tax year, and Mr. Favero filed a petition           
          with the Court challenging respondent’s determinations with                 
          respect to his 1997 tax year.  Section 6013(b)(2)(B) provides               
          that a joint return may not be filed after a separate return has            
          been filed and “after there has been mailed to either spouse,               
          with respect to such taxable year, a notice of deficiency under             
          section 6212, if the spouse, as to such notice, files a petition            
          with the Tax Court within the time prescribed in section 6213”.             
          Petitioners, therefore, may not file a joint return for their               
          1997 tax year.                                                              








Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011