Hien X. Pham - Page 10




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          1997.  Respondent disallowed deductions of $15,302 for 1996 and             
          $25,746 for 1997 because petitioner did not substantiate them.              
               Petitioner contends that he paid $15,302 in 1996 and $25,746           
          in 1997 to hire a receptionist and a repair technician to fix               
          copy machines for him.  However, petitioner offered no evidence             
          other than his testimony, which was vague and uncorroborated.               
          Petitioner did not identify the receptionist or the repair                  
          technician or indicate when they worked for him or when he made             
          the payments.                                                               
               We conclude that petitioner may not deduct more                        
          miscellaneous expenses related to his Schedule C business than              
          respondent allowed for 1996 and 1997.                                       
          D.   Whether Petitioner Is Liable for the Addition to Tax for               
               Failure To Timely File His 1997 Income Tax Return                      
               Respondent contends that petitioner is liable for the                  
          addition to tax under section 6651(a) for failure to timely file            
          his income tax return for 1997.  Petitioner received an automatic           
          4-month extension to file his 1997 income tax return until                  
          August 17, 1998.  Petitioner filed his 1997 return on August 17,            
          1998.  Thus, petitioner timely filed his 1997 return.  Sec.                 
          6651(a)(1).                                                                 
               Respondent alleges that petitioner’s extension to file is              
          invalid because petitioner did not properly estimate his tax                
          liability for 1997 or remit the estimated tax when he applied for           
          the extension.  The Commissioner bears the burden of production             





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