Walter Michael Alley - Page 6

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          listed as his principal business or profession:  “Truck Lease”.             
          Petitioner reported $7,0504 of business income on his Schedule C            
          for taxable year 2001 and deducted $16,107 in business expenses.            
          This resulted in a reported business loss in the amount of                  
          $9,057.  Petitioner’s Schedule C business expenses were as                  
          follows:                                                                    
               Line 10   Car and truck expenses             $12,657                   
               Line 16   Insurance (other than health)      867                       
               Line 16b Interest: Other (Auto loan)         559                       
               Line 21   Repairs and maintenance            904                       
               Line 23   Taxes and licenses                 985                       
               Line 27   Other expenses                     135                       
               Line 28 Total expenses                       $16,107                   
               On October 31, 2003, respondent issued a notice of                     
          deficiency to petitioner for the 2000 and 2001 taxable years.  In           
          the notice of deficiency, respondent denied petitioner the                  
          reported business losses from his alleged trade or business for             
          both taxable years 2000 and 2001 and disallowed all Schedule C              
          claimed deductions.5                                                        







          4As previously noted, this amount represents the payments                   
          received by petitioner from Pacific for the use of his personal             
          vehicle in furtherance of Pacific’s business.                               
          5As previously noted, the parties have agreed that                          
          petitioner incurred truck expenses of $12,757 and $12,657 for the           
          taxable years 2000 and 2001, respectively.                                  





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