Neal N. and Ruby W. Viar - Page 9

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          For both years, the car and truck expenses were claimed with                
          respect to a vehicle placed in service for business purposes on             
          July 1, 1994.  On line 44 of Schedule C, petitioners reported               
          that the vehicle was used 55,600 miles for business, 2,400 miles            
          for commuting, and 0 for other, in 1999.  For 2000, petitioners             
          reported that the vehicle was used 24,000 miles for business, 0             
          miles for commuting, and 2,500 miles for other.                             
               Petitioners claimed and respondent allowed deductions for              
          the following Schedule E expenses for the Morningside Heights               
          dwelling.  For 1999:                                                        
                                        Claimed             Allowed                   
               Deductions               On Sch. E           On Sch. E                 
               Insurance                $350                -0-                       
               Taxes                    516                 -0-                       
               Depreciation             456                 -0-                       

          For 2000:                                                                   
                                        Claimed             Allowed                   
               Deductions               On Sch. E           On Sch. E                 
               Insurance                $350                -0-                       
               Taxes                    516                 -0-                       
               Depreciation             456                 -0-                       

          Although disallowed on Schedule E, the petitioners’ deductions              
          for real estate taxes paid were allowed by respondent as itemized           
          deductions on Schedule A, Itemized Deductions.                              
               The first issue is whether petitioners are entitled to                 
          certain deductions claimed on Schedule C in excess of amounts               





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