Stephen P. Pacileo - Page 7




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          Deductions Claimed on the Schedule C                                        
               In general, a taxpayer is entitled to a deduction for                  
          ordinary and necessary expenses paid or incurred in carrying on a           
          trade or business.  See sec. 162(a).  Needless to say, to be                
          entitled to a deduction for trade or business expenses, the                 
          taxpayer must actually be carrying on some trade or business.               
               Petitioner’s 1998 return includes a Schedule C for a                   
          business identified as “MFG Heat Equipment”.  At trial,                     
          petitioner’s description of the business activity identified on             
          the Schedule C was vague.  At times, his testimony related to               
          activities that took place years before and involved the patent.            
          At other times, he described an activity that he and his father             
          operated out of petitioner’s garage.  According to petitioner,              
          the business consisted of acquiring used “heater pads”,                     
          refurbishing them, and reselling them.  Once again, petitioner’s            
          trial testimony is contradicted by the testimony he gave at the             
          deposition.                                                                 
               During the deposition petitioner made it clear that he                 
          assigned or otherwise lost any ownership rights to the patent               
          prior to 1998.  He was also asked about his employment during               
          1998, including his employment with Union and any other                     
          businesses he might have been involved with or conducting.  The             
          following exchange occurred:                                                








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