- 36 - 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.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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