Wing Yiu Kwan - Page 6




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          Respondent also determined that petitioner was liable for the               
          accuracy-related penalty under section 6662(a) for negligence or            
          disregard of rules or regulations in the amount of $933.40.                 
               Petitioner conceded the adjustments to his dependency                  
          exemption deductions and the Schedule C gross receipts.                     
          Respondent conceded the adjustments to petitioner's Schedule C              
          rent or lease expenses and utilities expenses.  As detailed                 
          below, respondent made partial concessions with respect to the              
          Schedule C car and truck expenses and depreciation/section 179              
          expense deduction.                                                          
               The first issue is whether petitioner is entitled to a                 
          deduction for car and truck expenses in excess of the amount                
          allowed by respondent.  Petitioner claimed Schedule C car and               
          truck expenses of $2,802 for mileage during 1997; i.e.,                     
          approximately 8,900 miles at 31.5 cents per mile.  In the notice            
          of deficiency, respondent disallowed $2,500 of the claimed                  
          amount; however, prior to trial, respondent conceded that                   
          petitioner was entitled to deduct an additional $870 for car and            
          truck expenses.  Thus, the remaining amount of car and truck                
          expenses in dispute is $1,630.                                              
               Section 162(a) allows a deduction for the ordinary and                 
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  To qualify for the deduction,             





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