- 5 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011