Tommy Owens, Jr. and Dawn R. Owens - Page 20




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          entitled to deduct the claimed Schedule C car and truck expenses            
          at issue.  Consequently, we sustain respondent’s determinations             
          disallowing those claimed expenses.                                         
          Certain Insurance Reimbursements                                            
               Respondent determined that petitioners must include in                 
          income for 1994 and 1995 insurance proceeds in the amounts of               
          $4,300 and $4,700, respectively, that they received as reimburse-           
          ments for certain of Mr. Owens’ business tools which had been               
          stolen in prior years and the cost of which petitioners deducted            
          in returns that they had filed prior to 1994 and 1995.                      
               Based on our examination of the entire record before us, we            
          find that petitioners have failed to prove that the insurance               
          reimbursements of $4,300 and $4,700 that they received during               
          1994 and 1995, respectively, do not constitute income.11  See               
          sec. 1.165-1(d)(2)(iii), Income Tax Regs.  Consequently, we                 
          sustain respondent’s determinations with respect to those insur-            
          ance reimbursements.                                                        
          Claimed Net Operating Loss Deductions                                       
               At trial, petitioners took the position that they are                  
          entitled to a net operating loss deduction for each of the years            
          at issue, which is attributable to net operating loss carryovers            


               11We are not persuaded by petitioners’ general, vague, and             
          conclusory testimony regarding their alleged purchase of other              
          tools during 1994 and 1995 that the insurance reimbursements at             
          issue do not constitute income.                                             






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