- 9 - Based on the facts recited earlier, the Court holds that petitioner was a common-law employee under section 3121(d)(2) and, therefore, was not a statutory employee under section 3121(d)(3). Respondent is sustained on this issue. The second issue is petitioner's entitlement to deductions for expenses incurred in connection with his employment, as itemized deductions, to the extent such expenses exceed 2 percent of his adjusted gross income each year. Sec. 67(a). The first item to be considered is the cost of goods sold that petitioner claimed as a reduction of his gross receipts. Petitioner explained at trial that the amounts claimed represented stale, unsold merchandise he removed from store shelves. The Court holds that petitioner is not entitled to such reduction because he had not purchased the products he delivered; consequently, he had no basis in the returned goods. Although petitioner lost the commissions on the returned goods, the Court concludes from the record that the income amounts shown on the Forms W-2 represented the net commissions paid to petitioner after deducting the forfeited commissions. Petitioner, therefore, is not entitled to either a cost of goods sold adjustment or a deduction for forfeited commissions. The expenses deducted by petitioner on Schedules C for both years were:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011