Richard G. Tuck - Page 6

                                        - 5 -                                         
          Petitioner did not issue Ms. Brownell a Form W-2 in connection              
          with the manufactured home.                                                 
               Petitioner filed a Federal income tax return for taxable               
          year 1998.  With this return, he filed a Schedule C, Profit or              
          Loss From Business, for his general contracting business.                   
          Petitioner reported cost of goods sold of $470,394.  As part of             
          this amount, petitioner included $43,003 for the double-wide                
          manufactured home.  Separately, petitioner claimed deductions on            
          the Schedule C for wage expenses of $33,576 and for legal and               
          professional services expenses of $16,149.  In the notice of                
          deficiency, respondent determined that the purchase of the                  
          manufactured home was a nondeductible personal expense and not              
          properly characterized as a cost of goods sold.2  Respondent also           
          disallowed $6,610 of the claimed deduction for legal expenses               
          because they likewise were determined to be nondeductible                   
          personal expenses.                                                          
               The issues in this case are decided on the basis of the                
          record without regard to the burden of proof.  See sec. 7491;               
          Rule 142(a).                                                                
               The first issue for decision is whether petitioner is                  
          entitled to deduct as a business expense the cost of the                    

          2Petitioner no longer argues that the cost of the                           
          manufactured home should be included in the Schedule C cost of              
          goods sold.  Rather, in his brief he argues that he is entitled             
          to deduct the cost of the home as a business expense.                       





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011