Jack S. Morris and Dorothy Morris - Page 3




                                        - 2 -                                         
               All references to petitioner are to Jack S. Morris.                    
          Respondent determined deficiencies in petitioners’ Federal income           
          taxes in the amounts of $3,563 and $4,744 for tax years 1996 and            
          1997, respectively.1  After concessions,2 the issues for decision           
          are: (1) Whether petitioner is a statutory employee; (2) whether            
          petitioner is entitled to an adjustment for cost of goods sold;             
          (3) whether petitioner is entitled to deductions for home office            
          expenses under section 280A; and (4) whether petitioner is                  
          entitled to various Schedule C deductions.                                  




               1  After trial, the parties stipulated that petitioner                 
          Dorothy Morris (now Dorothy Kirkpatrick) is entitled to relief              
          from joint liabilities determined for the 1996 and 1997 tax years           
          pursuant to sec. 6015(b).                                                   
               2  Respondent concedes that petitioner is entitled to                  
          deductions for union dues of $384 and $390 in 1996 and 1997,                
          respectively.  Respondent concedes that petitioner paid $184 and            
          $210 for uniforms in 1996 and 1997, respectively. Sec. 67 imposes           
          a 2-percent floor of adjusted gross income on miscellaneous                 
          itemized deductions.  After concessions and our holdings, the               
          miscellaneous itemized deductions do not exceed the 2-percent               
          floor for 1996 and 1997.                                                    
               Respondent concedes that petitioner is entitled to                     
          deductions for home mortgage interest of $13,908 and $13,750 for            
          1996 and 1997, respectively.  On their Federal income tax                   
          returns, petitioners deducted home mortgage interest of $9,482              
          and $9,375 for 1996 and 1997, respectively.                                 
               Petitioners claimed a deduction of $1,200 in 1996 for legal            
          and professional services.  Petitioner did not address this                 
          deduction at trial.  As a result, petitioner is deemed to have              
          conceded the item.  See Rules 142(a), 149(b); Sundstrand Corp. v.           
          Commissioner, 96 T.C. 226, 344 (1991); Pearson v. Commissioner,             
          T.C. Memo. 2000-160.                                                        





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