Kenneth W. and Fayetta Graves - Page 4

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          Schedule C, Profit or Loss From Business, to arrive at their                
          adjusted gross income.                                                      
               The loans were made in petitioner’s trade or business of               
          being an employee and were made to enable him to maintain his               
          employment with KPS.  Although petitioner claimed $84,734 as a              
          business bad debt on his return, at trial he substantiated loans            
          to KPS of $86,040.                                                          
               Petitioners failed to report the following items of income             
          on their 1996 income tax return:                                            
               Income Item                             Amount                         
                    Interest                           $3,475                         
                    State tax refund                   105                            
                    Taxable pensions                   29,835                         
                    Computational error                10,000                         
               On their January 9, 2002, notice of deficiency, respondent             
          allowed $85,009 as a business bad debt deduction and treated it             
          as an itemized deduction on Schedule A, Itemized Deductions.  The           
          amount respondent allowed is $275 greater than the amount                   
          petitioners claimed on their 1996 return.                                   
                                       OPINION                                        
               The issues we consider arise from circumstances under which            
          petitioner lent his solely owned corporation capital so that it             
          could continue its operations, including the payment of salaries.           
          Petitioner was a salaried employee of the corporation and was in            
          the business of being an employee.  The loans became worthless              
          during the 1996 tax year, and petitioner claimed the loss in                





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