Perry H. Kay, Sr. - Page 2

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               After concessions by respondent,1 the remaining issues for             
          decision are (1) whether petitioner is entitled to deduct certain           
          Schedule C, Profit or Loss From Business, expenses for the year             
          at issue, and (2) whether petitioner is entitled to a casualty              
          loss deduction of $5,151.19 for 1998.                                       
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioner resided in Houston, Texas.                            
               Petitioner holds a master’s degree in music education from             
          the University of North Texas.  Petitioner was employed as a                
          full-time band teacher for 31 years, 26 of those years at Lanier            
          Middle School in Houston, Texas.  Since retiring from full-time             
          employment, petitioner has taught band part time.  During 1998,             
          petitioner was employed as a part-time assistant band director              
          for the North Forest Independent School District.                           

               1    In a Stipulation of Settled Issues filed with the Court           
          on Oct. 22, 2001, respondent conceded for the 1998 taxable year             
          that petitioner is entitled to:  (1) A dependency exemption                 
          claimed for his son; (2) head of household filing status; (3) an            
          educational credit of $1,250; and (4) business expense deductions           
          on Schedule C, Profit or Loss From Business, of $751 for legal or           
          professional expense and $121 for professional and musician dues.           
               At trial, respondent conceded that petitioner is entitled to           
          a Schedule C expense deduction of $1,047.49 for music educator              
          and professional convention expenses incurred with respect to               
          petitioner’s attending the International Association of Jazz                
          Educators Convention in New York City.                                      

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