Raleigh Cox and Brenda J. Cox - Page 4

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          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.                                                                   




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