- 4 - plan, administered by Mr. Poyda, was provided by him to his employees who were aged 25 and older, had worked for him for 36 months, and who worked at least 35 hours per week.2 Expenditures pursuant to this plan were incurred in the following amounts: 1995 1996 Insurance premiums $1,742 $1,243 Reimbursements 3,274 3,734 Total 5,016 4,977 Petitioners filed joint Federal income tax returns in 1995 and 1996. Deductions were claimed by petitioners on Schedules F, Profit or Loss From Farming, for employee benefits in the amounts of $5,016 in 1995 and $4,977 in 1996. These expenses were disallowed by respondent because petitioners did not establish that these amounts claimed as employee benefits constituted ordinary and necessary business expenses. The adjustments in the notice of deficiency increase petitioners’ self-employment income by $5,016 in 1995 and by $5,000 in 1996. Respondent argues that the disallowed expenses are not deductible as trade or business expenses under section 162(a) because Ms. Poyda was not a bona fide employee of her husband. A taxpayer generally may deduct “all the ordinary and necessary expenses paid or incurred during the taxable year in 2Respondent asserts in his trial memorandum that Ms. Poyda was the only eligible employee under this plan. There is no evidence in the record indicating whether or not there were other eligible employees.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011