- 4 - their reported sales to $92,892 and increasing their aggregate expenses to $118,900. (Although Spiller entered $118,900 as the total expenses on line 28 of the amended Schedule C, the actual sum of expenses listed equals $119,042). Remarkably--since Washington Car’s business was buying cars to repair and resell-- neither the original nor the amended Schedule C reported any cost of goods sold. More remarkably, Spiller submitted a second amended 2000 return that reduced Schedule C sales to $92,500 and expenses to $118,508. This time, Spiller inexplicably kept the prior net loss figure and claim of refund, and continued to report no cost of goods sold. This was not a good tax preparation strategy. The IRS audited the returns and rejected both the original and amended Forms 1040. The resulting notice of deficiency included a penalty under section 66621 for negligence. Before trial, Cox and the Commissioner stipulated that his gross receipts were actually about $258,000 and stipulated as well that he was entitled to deductions and allowances of about $130,000. Left for trial were two issues: the deduction of what Cox claimed were cash payments to Concord, and the penalty for negligence. The trial was in Houston, where the Coxes lived when they filed their petition. 1 Unless otherwise stated, section references are to the Internal Revenue Code and regulations as amended and in effect for 2000.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011