- 9 - operation of Mike’s Painting, she was unaware of the business’s financial transactions, and she did not have access to the business records. The evidence in the record shows that intervenor maintained a separate individual business account for Mike’s Painting, and he admitted at trial that petitioner did not have signatory authority on the account. At trial, Ms. Abney testified that she prepared the 1993 Schedule C based on check stubs, receipts, and invoices, which were provided to her in plastic bags. She testified that she was not provided with any computer printouts and that she did not know whether petitioner used her computer to maintain business records for Mike’s Painting. Ms. Abney further testified that she did not sit down with petitioner and go over the business records pertaining to Mike’s Painting. Intervenor’s testimony that petitioner was involved in the operation of Mike’s Painting and maintained the business records is not corroborated by other testimony and is not supported by the evidence in the record. But even if petitioner had some involvement with the business, there is no evidence in the record that she had knowledge of the facts that gave rise to the deficiency. Accordingly, we conclude that petitioner did not have actual knowledge of the factual circumstances which made the business expenses unallowable as deductions, because it has not been shown that petitioner knew orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011