Lee G. Gale - Page 36




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          nondeductible fees owing in connection with petitioner’s                    
          divorce.15                                                                  
          Deductibility of Other 1992 Expenses                                        
               On his 1992 tax return, petitioner claimed “cost of goods              
          sold” of $925,500, consisting of $797,225 representing an offset            
          to the United Ready Mixed settlement proceeds and $128,275                  
          representing other reductions or deductions.                                
               While properly disallowing any cost of goods sold                      
          reduction,16 respondent allowed business expense deductions for             
          $35,000 of the remaining $128,275 petitioner claimed as cost of             
          goods sold and disallowed the balance.  To substantiate trade or            
          business expense deductions for the remaining $93,275 which he              
          wrongly claimed as a cost of goods sold, petitioner provided a              
          disbursements journal for the year 1992 (1992 disbursements                 
          journal), which listed checks written during the year by category           
          of expense.  The expense categories included: “Onyx”, “Mercedes”,           

               15Respondent has conceded that any legal fees petitioner               
          paid would be deductible as a trade or business expense under               
          sec. 162 would be deducted “above the line” in arriving at                  
          petitioner’s adjusted gross income under sec. 62(a)(1).  See,               
          e.g., Guill v. Commissioner, 112 T.C. 325 (1999).                           
               16Petitioner has conceded that it was improper for him to              
          claim “cost of goods sold”.  Petitioner was in the rental truck             
          and equipment business.  Petitioner did not produce goods for               
          sale to customers.  The expenses of engaging in an equipment                
          rental activity are not a cost of goods sold.  The expenses may             
          be deductible as ordinary trade or business expenses under secs.            
          62(a)(1) and 162.  Petitioner alleges that the amounts he                   
          improperly claimed as cost of goods should constitute deductible            
          trade or business expenses.                                                 





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