Tommy Owens, Jr. and Dawn R. Owens - Page 15




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          tively, which were the respective amounts determined for those              
          years on the basis of respondent’s application of the source and            
          application of funds method.                                                
               In the notice, respondent also determined to disallow the              
          claimed Schedule C car and truck expenses for 1993, 1994, and               
          1995 in the amounts of $11,550, $9,352, and $16,875, respectively           
          “because it has not been established that more than $5,250.00 for           
          1993, $5,438.00 for 1994 and $5,625.00 for 1995 was for an                  
          ordinary and necessary business expense, or was expended for                
          purpose designated.”                                                        
               In the notice, respondent also determined that the insurance           
          reimbursements of $4,300 and $4,700 that petitioners received               
          during 1994 and 1995, respectively, resulted in taxable gain to             
          petitioners because they had “deducted the cost of the tools that           
          were stolen in prior years * * * [and] your basis is zero.”                 
               In the notice, respondent also determined that petitioners             
          are liable for each of the years at issue for the addition to tax           
          under section 6651(a)(1) because they failed to file timely their           
          return for each of those years.                                             
                                       OPINION                                        
               Petitioners bear the burden of proving that the determina-             
          tions in the notice are erroneous.  See Rule 142(a); Welch v.               
          Helvering, 290 U.S. 111, 115 (1933).                                        








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