Marcelo E. Ferrada and Gloria D. Ferrada - Page 11

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          language following section 162(a)(3) provides that "the taxpayer            
          shall not be treated as being temporarily away from home during             
          any period of employment if such period exceeds 1 year."                    
               Mr. Ferrada testified that his employment as an Air Force              
          contractor was indefinite.  Petitioner was employed at the same             
          project at Lake Charles for more than 1 year.  Thus, his tax home           
          is at his principal place of business, Lake Charles, Louisiana,             
          not Del Rio, Texas.  As such, the $11,180 petitioners paid to               
          rent an apartment in Lake Charles is a personal expense and                 
          nondeductible under section 262(a).                                         
               Petitioners failed to keep records to substantiate the                 
          deductions they claimed on their return.  Additionally,                     
          petitioners failed to prove that any of the expenditures they               
          reported on their Schedule C were ordinary and necessary business           
          expenses.  Respondent's determination disallowing petitioners'              
          Schedule C deductions is sustained.                                         
          Addition to Tax for Failure To File Timely                                  
               Under section 7491(c), the Commissioner has the burden of              
          production in any court proceeding with respect to the liability            
          of any individual for any penalty or addition to tax.  Higbee v.            
          Commissioner, 116 T.C. 438, 446-447 (2001).  In order to meet his           
          burden of production, respondent must come forward with                     
          sufficient evidence indicating that it is appropriate to impose             
          addition to tax for failure to file a timely return.  Id. at 446.           






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