Jack H. Meyer - Page 5

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          country truck driver during 1998 and properly deductible on                 
          Schedule A, Itemized Deductions, as miscellaneous itemized                  
          deductions, subject to the 2-percent adjusted gross income                  
          limitation.  Petitioner mischaracterized the deduction for meals            
          expense as a so-called “trucking daily credit” of $10,255.                  
          Respondent allowed a Schedule A miscellaneous itemized deduction            
          of $5,801 with respect to petitioner’s meals expense.  The                  
          remaining $4,454 of petitioner’s deduction for meals was                    
          disallowed.  Additionally, respondent determined that $4,613 of             
          petitioner’s office expense deduction was attributable to                   
          charitable contributions and properly deductible on Schedule A.             
          Respondent disallowed petitioner’s membership/dues deduction and            
          the $13,352 “losses brought forward” deduction.  Respondent                 
          determined that petitioner is entitled to a net operating loss              
          (NOL) carryforward from 1995 of $5,524 and an NOL carryforward              
          from 1996 of $3,394.  Respondent determined that petitioner was             
          entitled to a $6,944 NOL deduction in 1998.  Respondent also                
          allowed petitioner an additional depreciation deduction of                  
          $2,870.  Respondent allowed all of petitioner’s remaining                   
          Schedule C deductions.                                                      
               The parties agree that the correct Schedule C depreciation             
          for the taxable year 1998 is $7,728 ($2,870 of depreciation in              
          addition to the $4,859 claimed by petitioner).  Petitioner did              
          not offer any evidence with respect to the portion of the office            






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