- 2 - concessions,2 the sole issue for decision is whether petitioner is liable for the penalty. We hold that he is liable. FINDINGS OF FACT Some of the facts have been stipulated. The stipulation of facts, the stipulation of settled issues, and the attached exhibits are incorporated herein by this reference. Petitioner resided in Gardena, California, at the time his petition was filed. On Schedule C, Profit or Loss From Business, of his 2000 Form 1040, U.S. Individual Income Tax Return, petitioner claimed a business loss of $60,044 for a principal business or profession listed as “Marketing Sales”. The loss comprised the following claimed expenses: (1) $2,007 for advertising; (2) $7,471 for car and truck expenses; (3) $24,944 for depreciation and section 179 expense deduction; (4) $1,960 for mortgage expenses; (5) $1,268 for travel; (6) $1,295 for meals and entertainment; and (7) $21,099 for other expenses. The other claimed expenses included: (1) $4,955 for donations at Bible college; (2) $8,707 for repairs service; (3) $699 for tax preparation fees; (4) $980 for 2In a stipulation of settled issues, petitioner conceded that he is liable for interest income of $68 and a taxable distribution of $1,917, and that he is not entitled to Schedule C, Profit or Loss From Business, expenses of $60,044. On brief, respondent concedes that petitioner is not subject to the 10- percent additional tax of $1,156 for early distribution under sec. 72(t). The remaining adjustments contained in the notice of deficiency are computational in nature and will be resolved by the parties in the Rule 155 computation.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011