- 9 - expenses. Mr. Sowards represented to Agent Daleiden that his wife performed paralegal services associated with his law practice. Similarly, in responding to respondent’s interrogatory concerning the substantiation of the business consulting expenses, Mr. Sowards answered: “All of petitioners’ financial and tax data for the years in dispute were destroyed in a fire on April 8, 1998.” In his second set of interrogatories, respondent asked Mr. Sowards to “State what duties Marilyn Sowards performed as an organizational consultant during 1996.” Mr. Sowards responded: “Marilyn Sowards performed light filing and mailing.” However, Ms. Sowards never had a consulting business. Mr. Sowards fabricated the business.12 On their 1996 and 1997 returns, petitioners included Schedules C for Mr. Sowards’s law practice. On these Schedules C, petitioners claimed deductions for expenses of $11,197 and $14,805 for 1996 and 1997, respectively. Respondent denied all of petitioners’ claimed deductions for lack of substantiation. Additionally, respondent imputed additional income of $7,725 in 1997 to petitioners from the law practice utilizing the bank deposits method of income reconstruction. 12Mr. Sowards testified at trial that the income and expenses shown on his wife’s Schedule C were from his law practice and that he reported them on his wife’s Schedule C to get credit for Social Security purposes. Ms. Sowards did not know of the claimed existence of “her” fabricated organizational consulting business until the Internal Revenue Service (IRS) commenced the examination of petitioners’ returns.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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