Henry A. Rabago - Page 6




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          constituted salary or wage income and not gross receipts from a             
          trade or business activity.  Respondent also disallowed the cost            
          of goods sold adjustment and all the claimed Schedule C expense             
          deductions for lack of substantiation.  Respondent made no                  
          allowance for deduction of any of the claimed expenses as                   
          itemized deductions.  The child care credit claimed for both                
          years was disallowed; however, respondent conceded that                     
          adjustment at trial.  Petitioner's claimed head-of-household                
          filing status under section 2(b)(1) was allowed.                            
               With respect to the first issue, adjusted gross income                 
          generally consists of gross income less trade or business                   
          expenses, except in the case of the performance of services by an           
          employee.  Sec. 62.  An individual performing services as an                
          employee may deduct miscellaneous itemized deductions incurred in           
          the performance of services as an employee only to the extent               
          such expenses exceed 2 percent of the individual's adjusted gross           
          income.  Sec. 67(a).  The deduction for business expenses under             
          section 162 is included in miscellaneous itemized deductions.               
          Sec. 67.  The Commissioner has ruled that an individual who is a            
          statutory employee under section 3121(d)(3), which relates to               
          employment taxes, is not an employee for purposes of sections 62            
          and 67, and, therefore, a statutory employee under section                  
          3121(d)(3) is not subject to the section 67(a) 2-percent                    
          limitation for expenses incurred by such employee in the                    





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