Lee G. Gale - Page 11




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          was not in the business of producing goods for sale.  However,              
          petitioner substantiated that $35,000 of the amount wrongly                 
          claimed as cost of goods sold represents deductible business                
          expenses, and respondent in the notice of deficiency allowed a              
          deduction of $35,000.  Petitioner failed to substantiate with               
          credible evidence that any of the remaining $93,275 claimed as              
          cost of goods sold represents deductible business expenses.                 
               Petitioner reported a net operating loss (NOL) carryover of            
          $148,367 on his 1992 individual return.  The NOL carryover                  
          consisted of a $105,740 loss carried forward from 1990 (1990 NOL)           
          and a $42,627 loss carried forward from 1991 (1991 NOL).  The               
          1990 and 1991 NOLs were due in large part to losses from Sherrys            
          Exxon reported on Schedule C and to real estate and equipment               
          rental losses reported on Schedule E, Supplemental Income and               
          Loss.  Petitioner combined the NOL carryovers from 1990 and 1991            
          with the losses reported in 1992 to arrive at a 1992 NOL                    
          carryforward of $323,352.                                                   
               Petitioner neither carried back the 1990, 1991, or 1992 NOL            
          to prior years nor elected to relinquish the NOL carryback                  
          periods on his 1990, 1991, or 1992 individual return.                       
          Petitioner’s returns for taxable years 1987, 1988, and 1989 are             
          not in the record.                                                          
               On Schedule E of his 1992 individual return, petitioner                
          reported a depreciation expense of $15,317, which was                       






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