Chay R. Stewart - Page 7

                                        - 7 -                                         
               Citing Brenner v. Commissioner, T.C. Memo. 2004-202,                   
          petitioner contends that respondent routinely allows more than 50           
          percent of a taxpayer’s gross compensation for business expenses            
          for a taxpayer in petitioner’s business and location.  We                   
          disagree.  Like petitioner, the taxpayer in Brenner v.                      
          Commissioner, supra, was in the insurance business and lived in             
          Ormond Beach, Florida, when he filed his petition.  The                     
          Commissioner used the bank deposits method to reconstruct his               
          income.  The Commissioner allowed the taxpayer to deduct                    
          estimated insurance business expenses equal to 54.77 percent of             
          his commissions based on the Statistics of Labor Bulletin, Sole             
          Proprietorship Returns, 1994, Table 2.--Nonfarm Sole                        
          Proprietorships: Income Statements, by Selected Groups: Insurance           
          agents and brokers (statistics for insurance agents).                       
               The Commissioner’s allowance of business expenses based on             
          Bureau of Labor Statistics figures in Brenner does not establish            
          that respondent routinely allows a business deduction based on              
          statistics or industry averages or that respondent is required to           
          use them.  Our responsibility as a Court is to apply the law to             
          the facts of the case before us; how the Commissioner treated               
          other taxpayers is generally irrelevant in making that                      
          determination, Davis v. Commissioner, 65 T.C. 1014, 1022 (1976);            
          Teichgraeber v. Commissioner, 64 T.C. 453, 456 (1975), absent               
          proof that a taxpayer has been singled out for adverse treatment            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011