Alan L. Levitt - Page 5




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          Countrywide a copy of what he claimed was his 1994 Federal income           
          tax return (unfiled return).                                                
               Petitioner is a calendar year taxpayer who employed the cash           
          method of accounting.  Petitioner filed his 1994 Federal income             
          tax return on October 18, 1996.  Petitioner itemized his                    
          deductions on Schedule A, Itemized Deductions, and as relevant to           
          this case, he deducted $2,667 for attorney’s and accounting fees.           
          On Schedule C, Profit or Loss From Business, for BHTC, petitioner           
          reported gross income of $17,475.  Petitioner also claimed                  
          deductions for expenses relating to BHTC as follows:                        
                              Expense                       Amount                    
               Advertising                             $4,441                         
               Car and truck                           6,965                          
               Commissions and fees                    1,194                          
               Depreciation                            2,403                          
               Legal and professional                  425                            
               Office                                  2,014                          
               Rent or lease (other business property)       4,320                    
               Repairs and maintenance                 431                            
               Supplies                                306                            
               Taxes and licenses                      167                            
               Travel, meals and entertainment         3,608                          
               Utilities                               5,206                          
               Wages                                   250                            
               Bank service charge                     288                            
               Newspaper and magazine subscription          137                       
                                                            32,155                    
          Petitioner did not attach a depreciation schedule to his return.            
               On Schedule C for BHSMM, petitioner reported gross receipts            
          of $16,820.  Petitioner also reported cost of goods sold of                 
          $11,204 and claimed deductions of $4,606 for various expenses.              







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