- 9 - employment tax.4 The $13,480 claimed as expenses on petitioner’s Schedule C included $12,301 for home office expenses.5 In the notice of deficiency, respondent determined that the claimed home office expenses were unreimbursed employee business expenses that were allowable as itemized deductions, subject to the limitations of section 67, rather than as deductions related to a trade or business activity. Petitioner contends he was an independent contractor and was not an employee of Techmatics. Therefore, he contends, the expenses are deductible as trade or business expenses on Schedule C of his return. At the outset, the Court notes that only the 1998 year is properly before the Court. A valid notice of deficiency and a timely filed petition are prerequisites to this Court’s jurisdiction to redetermine a deficiency. Secs. 6212 and 6213; e.g., Pyo v. Commissioner, 83 T.C. 626, 632 (1984). The burden of proving that this Court has jurisdiction is on the taxpayer. Cassell v. Commissioner, 72 T.C. 313, 317-318 (1979); Patz Trust v. Commissioner, 69 T.C. 497, 503 (1977). Moreover, each taxable 4 Petitioner also included two other Schedules C for two other trade or business activities, with losses totaling $1,774. These activities are not at issue in this case. 5 Petitioner made computational errors on his original return but has conceded respondent’s computations. The amounts of home mortgage interest and real estate taxes paid in 1998 attributable to his activity with Techmatics were $1,059 and $97, respectively.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011