Tommy Owens, Jr. and Dawn R. Owens - Page 2




                                        - 2 -                                         
                               Addition to Tax        Accuracy-Related                
           Year  Deficiency       Under Sec.          Penalty Under Sec.              
                                  6651(a)(1)               6662(a)                    
           1993    $3,879            $970                    $776                     
           1994    8,627            2,157                   1,725                     
           1995    2,276             569                     455                      
               The issues remaining for decision2 are:                                
               (1)  Do petitioners have unreported Schedule C gross re-               
          ceipts for each of the years at issue in the amount determined in           
          the notice?  We hold that they do.                                          
               (2)  Are petitioners entitled to Schedule C deductions for             
          each of the years at issue for “Car and truck expenses” (Schedule           
          C car and truck expenses) in excess of the amount that respondent           
          allowed in the notice?  We hold that they are not.                          
               (3)  Are petitioners required to include in income for each            
          of the years 1994 and 1995 certain insurance proceeds that they             
          received during each such year?  We hold that they are.                     
               (4)  Are petitioners entitled for any of the years at issue            
          to a net operating loss deduction under section 172(a)?  We hold            
          that they are not.                                                          


               2At trial, petitioners conceded that if the Court were to              
          sustain respondent’s determinations with respect to Schedule C,             
          Profit or Loss From Business (Schedule C), of petitioners’ tax              
          return (return) for each of the years at issue, they would be               
          liable for self-employment tax for each of those years, as                  
          determined in the notice of deficiency (notice).  In that event,            
          they would be entitled to a self-employment tax deduction for               
          each of those years, as determined in the notice.                           
               At trial, petitioners also conceded that if the Court’s                
          resolution of the issues remaining for decision were to result in           
          an underpayment for any of the years at issue, they would be                
          liable for any such year for the accuracy-related penalty under             
          sec. 6662(a).                                                               



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