- 4 - of the Schedule A deductions and $19,115 of the Schedule C deductions. The deductions were disallowed because petitioners did not establish that the expenses were paid or incurred during the taxable year. Petitioners conceded that respondent’s determinations were correct. On each return, petitioners claimed $15,480 of rent expense of business property. Gary explained that the accountant said they could deduct a percentage of the rent on their home as an office. Rent for the home was $950 per month or $11,400 a year. Petitioners deducted more than 100 percent of the rent and claimed a deduction of $15,480 for each year in issue. Petitioners conceded that they did not incur rent expenses of $15,480 with respect to Gary’s sole proprietorship electrician business, as claimed for each of the years at issue. The $15,480 amounts were included in the Schedule C adjustments made by respondent for each year. As a result of these rent deductions and others, petitioners showed a Schedule C loss of $16,708 on their 1996 return and a Schedule C loss of $16,800 on their 1997 return. Each party claims relief from joint and several liability pursuant to section 6015(b) and (c). Each party must satisfy each requirement set forth in section 6015. Braden v. Commissioner, T.C. Memo. 2001-69. The fact that one or the other of petitioners must be the individual who caused anPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011