- 10 - Proprietorship), for a “Rental Truck & Equip” business, in which he reported gross receipts or sales of $797,225, cost of goods sold of $925,500, and other expenses of $25,939. Petitioner derived the $797,225 gross receipts or sales figure from the Form 1099-MISC issued to him by United Ready Mixed for settlement proceeds paid in 1992 to the Lurie & Zepeda trust account. Mr. Binder advised petitioner to report the settlement proceeds as income on his 1992 return to conform with United Ready Mixed’s reporting of the payment on Form 1099-MISC. Petitioner’s 1992 return showed a reduction of income for cost of goods sold, which included the full amount of the United Ready Mixed settlement proceeds. Petitioner treated the deposit of the United Ready Mixed settlement proceeds into Lurie & Zepeda’s trust account as a “cost of goods sold” on the basis of Mr. Binder’s advice. Mr. Binder advised petitioner that he was entitled to a “cost of goods sold” reduction for the amount of the settlement proceeds because petitioner had not physically received and did not have access to the proceeds in 1992, which were being held by Lurie & Zepeda pending resolution of its attorney’s-fee dispute with petitioner. Petitioner’s “cost of goods sold” reduction also included an additional $128,275 of other alleged business costs. The parties agree that petitioner was not entitled to a cost of good sold reduction in any amount because, among other things, petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011