James Brian Medis - Page 6

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          established that he has complied with the requirements of section           
          7491(a).                                                                    
          Itemized Deductions                                                         
               Respondent determined that petitioner is not entitled to               
          $243 of the $34,881 claimed as total itemized deductions on his             
          2000 income tax return.  This determination was made pursuant to            
          section 67, which provides that “miscellaneous itemized                     
          deductions for any taxable year shall be allowed only to the                
          extent that the aggregate of such deductions exceeds 2 percent of           
          adjusted gross income.”  Sec. 67(a).  On the 2000 income tax                
          return, petitioner claimed miscellaneous itemized deductions of             
          $34,663 before the section 67 reduction.  Petitioner’s adjusted             
          gross income for the 2000 taxable year increased from $50,921 to            
          $63,059, the difference being solely attributable to the                    
          additional wages of $12,138 that petitioner failed to report on             
          the 2000 income tax return.3  Because of this difference, the 2-            
          percent floor on miscellaneous itemized deductions under section            
          67 was “raised” by $243.  We conclude that respondent has                   
          correctly computed this adjustment.                                         
               We note that respondent’s determination with respect to                
          itemized deductions was based upon the 2000 income tax return and           
          not the amended return.  While petitioner has claimed additional            


               3  As indicated, petitioner reported this amount on his                
          amended return.                                                             





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