- 40 - ordinarily hold that petitioner has failed to prove that LFI paid or incurred any expenses in excess of those allowed by respondent. In this case, however, because the notices of deficiency take what appear to us to be inconsistent positions with respect to LFI’s expenses20 and, in our view, appear to acknowledge petitioner’s entitlement to a deduction for a portion of LFI’s expenses under section 183(b) for 1991 and 1992, we shall require respondent to make adjustments for 1989 and 1990 under section 183(b) comparable to those made for 1991 and 1992. C. The Parties’ Other Arguments We decline to address the parties’ other arguments regarding LFI as our holdings under sections 162 and 183 adequately dispose of the LFI issues raised by the parties. II. BAC Issues In the notices of deficiency, respondent recalculated BAC’s taxable income by disallowing all of BAC’s expenses and making certain adjustments to income, increased petitioner’s income by his distributable share of BAC’s corrected S corporation income, and allowed petitioner additional miscellaneous Schedule A deductions to the extent of petitioner’s distributable share of BAC’s income for each of the years at issue. 20For example, the notices of deficiency allege generally that LFI’s losses and/or expenses were not substantiated but allow petitioner an adjustment under sec. 183(b) for some of the years at issue.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011