David J. Boyd - Page 2

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          deduct certain trade or business expenses for 1995 on Schedule C,           
          Profit or Loss From Business, in excess of amounts allowed by               
          respondent; and (3) whether petitioner is liable for the addition           
          to tax under section 6651(a)(1) for failing to file his Federal             
          income tax return for 1995 timely.1  Petitioner’s liability for             
          additional self-employment tax is a computational issue dependent           
          on the Court’s holding on the issues described.                             
               Some of the facts were stipulated, and those facts, with the           
          annexed exhibits, are so found and are incorporated herein by               
          reference.  At the time the petition was filed, petitioner's                
          legal residence was Cincinnati, Ohio.  Petitioner was married               
          during the year at issue.                                                   
               Petitioner is an attorney engaged in the practice of law in            
          Cincinnati.  He began his law practice as a sole proprietorship.            
          In October 1994, he incorporated his practice in Ohio under that            
          State’s legal professional association statute.  However, no                
          valid corporate return was filed on behalf of petitioner’s                  
          professional corporation for 1995.2                                         

               1    Unless otherwise indicated, all section references are            
          to the Internal Revenue Code in effect for the year at issue, and           
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               2    Petitioner mailed a Form 1120, U.S. Corporation Income            
          Tax Return, to the Internal Revenue Service on behalf of his                
          professional corporation for 1995.  That return reflected no                
          taxes due; however, the return was returned to petitioner as                
          being incomplete.  No further attempt was made on behalf of the             
                                                             (continued...)           




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