- 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