Kenneth B. and Linda R. Satlin - Page 3

                                        - 2 -                                         
               Respondent determined a deficiency in petitioners’ Federal             
          income tax of $2,182 for 1997.  After concessions by respondent,            
          the issues1 for decision are:  (1) Whether petitioners are                  
          entitled to a business expense deduction under section 162(a) for           
          expenditures made on behalf of Intercontinental Trading Group,              
          Inc.; (2) in the alternative, whether petitioners are entitled to           
          a loss deduction under section 165 or bad debt deduction under              
          section 166 relating to those expenditures; and (3) whether                 


               1  Petitioners claimed a deduction of $30,067.59 on a                  
          Schedule C, Profit or Loss From Business, attached to their                 
          jointly filed Form 1040, U.S. Individual Income Tax Return.  The            
          Schedule C reflected a business name of “International Trading              
          Co.”.  Petitioners identified the amount claimed on line 27 of              
          Schedule C as “Other expenses”--“Postal Service and Bad Debt”.              
          On page 2 of the Schedule C, Part V, “Other Expenses” petitioners           
          reflected an amount of $30,000.  The item was further identified            
          as “Bankruptcy of David Sparks ($30,000 real estate note)”.  No             
          amount is included on Schedule C, page 2, line 48 as a total.               
          The instruction on the Schedule C, page 2, line 48 requires a               
          taxpayer to enter the total claimed from line 48 on page 1, line            
          27.                                                                         
               From the face of the 1997 return, it is unclear whether                
          petitioners intended to identify the $30,000 reflected on page 2            
          as part of the total of $30,067.59 claimed on line 27 or whether            
          petitioners failed to carry forward the $30,000 to page 1 of the            
          Schedule C.  The notice of deficiency (explanation of                       
          adjustments) disallowed the $30,067 (apparently rounded down by             
          respondent) as a bad debt deduction.  The $30,000 identified at             
          part V of the Schedule C is not included as an adjustment in the            
          statutory notice.  At trial, petitioners asserted that they are             
          entitled to a $30,000 bad debt deduction, separate from, and in             
          addition to, the $30,067.59 deduction claimed on line 27 of the             
          Schedule C.                                                                 
               The parties agree that petitioners are entitled to a                   
          Schedule C deduction for legal and professional fees of $4,229,             
          for the tax year in issue.                                                  





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011