Jeffrey Tamms - Page 15




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          petitioner’s providing photographic and other services to PSI,              
          his taking steps to build up his own reputation and expertise in            
          the field of photography, his marketing of his own prints, his              
          production of photography exhibitions, and his future plans to              
          expand into such areas as the teaching of photography.  We also             
          find it significant that in his books and records petitioner has            
          treated the various undertakings as one activity.                           
               In sum, on the basis of all the evidence in the record, we             
          conclude and hold that petitioner had a good faith expectation of           
          profit from his Schedule C activity during the years in issue.              
          Accordingly, petitioner is entitled to the Schedule C deductions            
          in issue, the parties having stipulated that the amounts claimed            
          are adequately substantiated.                                               
          Unreimbursed Employee Business Expenses                                     
               On Schedule A, Itemized Deductions (Schedule A), of his 1995           
          Federal income tax return, petitioner claimed deductions for                
          “unreimbursed employee expenses” of $8,291, comprising $7,529 of            
          claimed automobile mileage expenses and $762 of claimed expenses            
          described on the Schedule A only as “other”.  Respondent has                
          disallowed the $8,291 claimed deduction on the ground that it is            
          inadequately substantiated.6  On brief, petitioner argues only              


               6 The parties have stipulated that petitioner is entitled to           
          specified amounts of “unreimbursed employee expenses” and “car              
          and truck expenses” that he claimed for taxable years 1993 and              
          1994.                                                                       





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