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and [sic] any included on the W-2.” Additional information was
also requested as set forth below:
Please provide documentation to support the following
Schedule C expenses:
- Depreciation- Verification of purchase of depreciable
items during 1997.
- Travel- Please provide Airline tickets, hotel bills,
charge statements and cancelled checks to verify
expenses.
- Legal fees- Documentation is needed to support the
amount deducted.
Please provede [sic] an explaination [sic] of why the
expenses were deducted on Schedule C when Dr. Megibow
is a W-2 employee?
In August of 2000 Mr. Gendler sent to Ms. O’Connell a one-
page letter making the following statement:
Please note that Dr. Megibow acts in an
independent contractor capacity at N. Y. U. Medical
Center. In addition to practicing medicine for these
people, he lectures and promotes himself, which enables
him to obtain patient referrals. He writes and
publishes articles and lectures, in addition to
practicing medicine. The expenses incurred on his
Schedule C are not reimbursed by anyone and are
expenses of his doing business that are necessary in
the normal course of doing business. I hope this
explains the presentation of Dr. Megibow’s tax
information.
On August 23, 2001, a third Form 4564, “Request Number 3”,
was issued with respect to 1997. This Form 4564 repeated
verbatim the previous Request Number 2 for 1997 as regards
documentation supporting the claimed depreciation, travel
expenses, and legal fees, and added requests for documentation
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