Guido Lemos and Adabelle Herrera-Lemos - Page 4




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               Petitioners filed a timely joint 1996 Federal income tax               
          return which was prepared by a professional income tax return               
          preparer.  Petitioners elected to claim itemized deductions and             
          included a Schedule A with their return.  Of relevance here, on             
          the Schedule A, they claimed an employee business expense                   
          deduction of $5,174, related to Guido Lemos’ employment with                
          Cintas.                                                                     
               Petitioners’ 1996 return also includes a Schedule C on which           
          the following items attributable to petitioner’s employment as a            
          real estate agent are reported:                                             
                                                  Amount                              
               Income                             $2,550                              
               Deductions:                                                            
              Car and truck expenses             2,002                               
              Insurance                         1,400                               
              Legal and professional             75                                  
              Office expenses                    44                                  
              Rent or lease (vehicles,                                               
            machinery, & equip.)                  1,021                               
              Taxes and licenses                 280                                 
              Meals and entertainment            310                                 
              Other expenses                      3,765                              
               Total expenses                     8,897                               
               Net loss                           6,347                               
          Taking into account the net loss reported on the Schedule C,                
          petitioners reported adjusted gross income of $21,345 on their              
          1996 return.                                                                
               The examination of petitioners’ 1996 return began sometime             
          prior to June of 1998.  On June 12, 1998, petitioners’ car was              





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