Claude D. Mayo, Sr. and Lessie M. Mayo - Page 4




                                        - 3 -                                         
                                        1995                   1996                   
          Gross Income                  $10,530        $11,580                        
          Less:                                                                       
               Insurance      $2,320                   $2,520                         
               Interest       6,311                    5,893                          
               Legal expenses      130                 140                            
               Office expenses     291                 -0-                            
               Repairs        6,450                    230                            
               Supplies       16,310                   -0-                            
               Taxes & licenses    470                 -0-                            
               Utilities      2,802                    -0-                            
               Car & Truck         -0-                 4,464                          
               Wages               -0-                 568                            
               Other expenses      -0-                122,494                         
          Total expenses                35,084                36,309                  
          Loss                     $24,554                  $24,729                   
               1Other expenses consisted of cleaning supplies ($147), tags            
          and licenses ($360), auto parts ($3,657), State inspection                  
          ($150), car purchases ($15,420), rental uniforms ($780), and                
          office and car phone ($1,980).                                              
               Mayo’s Auto Sales began operations in 1989 or 1990, and has            
          never operated at a profit.  For the taxable years 1993 and 1994,           
          petitioners reported losses of $14,225 and $16,021, respectively,           
          from this activity.  The records of the Virginia Department of              
          Motor Vehicles show that petitioners sold four automobiles during           
          the period of January 1, 1995 through December 31, 1996.  Two of            
          those vehicles were sold to petitioners’ relatives.                         
               Upon examination of both years respondent disallowed the               
          deductions claimed on Schedule C with respect to Mayo’s Auto                
          Sales on the ground that the activity was not engaged in for                
          profit.  With respect to Schedule A, Itemized Deductions,                   
          deductions for 1995, respondent disallowed $2,663 of the $6,764             






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