Thomas James Allen - Page 11

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          mentioned property on his 1998 return.  Respondent is sustained             
          on this issue.                                                              
               At trial, petitioner raised a new issue, arguing that he is            
          entitled to a business expense deduction on his 1998 return for             
          amounts he paid to Morningstar Storage to “store everything”.               
          Petitioner submitted no documents to substantiate the claimed               
          business expense deduction.  His testimony was vague and                    
          unpersuasive:                                                               
                    The Court:    That storage business still in                      
                         existence?                                                   
                    The Witness:  Yes, sir.                                           
                    The Court:    Did you ever go to anyone and ask                   
                              them for a receipt?                                     
                    The Witness:  Yes.                                                
                    The Court:    What did they tell you?                             
                    The Witness:  They said they couldn’t pull any records            
          back from that far.  They’re still in                                       
          business, Morningstar Storage on Sharon--                                   
                    The Court:    This 1998, and they couldn’t pull any               
          records back from 1998?                                                     
                    The Witness:  That’s what the manager on site said.               
          They have an in-house guy right there.                                      
               Petitioner has submitted no credible evidence that he is               
          entitled to a business expense deduction for storage rental space           
          in 1998, and we do not further consider the issue.                          
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   






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