Irwin and Jeannine Radnitz - Page 9




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          expense deduction.  At trial, respondent took the position that             
          the $980 had been erroneously allowed; however, respondent did              
          not move to disallow that amount or to increase the deficiency in           
          taxes attributable to the $980.  The record is not clear as to              
          the basis upon which the $980 was allowed, nor as to the basis              
          for respondent’s claim at trial that the allowed $980 was in                
          error.                                                                      
               For the year 1998, petitioners again determined that 20                
          percent of their Deepak residence constituted the home office for           
          the writing activity of Mr. Radnitz.  However, since petitioners            
          agree that their residence was used only for 6 months, on their             
          1998 return, they only deducted expenses for one-half of that               
          year for Mr. Radnitz’s writing activity.  For this 6-month                  
          period, petitioners deducted $3,740 as a home office expense on             
          their 1998 return.  In the notice of deficiency, respondent                 
          allowed $1,503.  As with regard to the 1997 year, respondent                
          claimed at trial that the amount allowed for 1998 was erroneous             
          but did not move at trial to disallow that amount or to increase            
          the deficiency.                                                             
               Also for 1998, petitioners deducted expenses for the two               
          rented apartments (the North Indian Avenue and the Ravenspur                
          apartments), which were used by Mrs. Radnitz and Mr. Radnitz.               
          The North Indian Avenue apartment was used by Mr. Radnitz for 3             
          months during 1998 and the total expenses incurred for that time            





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