Otu and Carol Obot - Page 3

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               The dispute over the Obots’ Schedule A is confined to their            
          attempted deductions for taxes paid:3                                       
               County of Erie--county and town tax          $1,433                    
               Real property tax and sewer rent bill           734                    
               Public user fee                                 155                    
               Water bill                                      128                    
               Utilities, phone, gasoline, sewer, etc.       1,021                    
               Personal property taxes                       1,634                    
               Unsubstantiated balance                         114                    
               The Commissioner also challenged a number of deductions for            
          grocery store expenses that the Obots took on their Schedule C:             
               Supplies                                     $2,248                    
               Advertising                                   2,343                    
               Cost of goods sold                            7,545                    
               Legal/professional                            1,282                    
               Other expenses                                  655                    
               And, finally, the Commissioner challenged most of the Obots’           
          Schedule E expenses on their rental property:                               
               Depreciation                                 $1,200                    
               Repairs                                       2,893                    
               Management fees                               3,200                    
               Utilities                                     1,413                    
          The Trial                                                                   
               In deciding whether a taxpayer has substantiated his                   
          deductions, we ordinarily look at the proof he offers in the form           
          of documentation and testimony.  In Mr. Obot’s case, we can                 


               3 Originally, the IRS allowed taxes paid deductions of only            
          $6,651 on Schedule A and $1,750 on Schedule C.  The Obots have              
          since substantiated payments of local property tax bills for                
          $1,432.19 on their Schedule A, and a $100 advertising expense               
          deductible on their Schedule C, and the Commissioner concedes               
          those amounts.                                                              




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