Carl F. and Frances R. Butler - Page 5

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          the trailer to Frank and Nora Miller (Millers) for about 7                  
          months.  The Millers paid petitioners $200 per month rent.                  
               Petitioners filed a joint Federal income tax return for                
          2002, which included a Schedule A, Itemized Deductions, a                   
          Schedule C, Profit or Loss From Business, and a Schedule E,                 
          Supplemental Income and Loss.  Their return was prepared by                 
          Fout’s Accounting Service in Keyser, West Virginia.                         
               On their jointly filed 2002 tax return, petitioners reported           
          adjusted gross income of $30,878, and claimed Schedule A itemized           
          deductions of $16,094.                                                      
               On their Schedule A, petitioners claimed the following                 
          deductions, in pertinent part:                                              
                              Itemized Deductions                Amount               
               Line  1        Medical and dental expenses        $10,723              
               Line  4        Net medical deduction              8,407                
               Line  5        State and local income taxes       1,409                
               Line  6        Real estate taxes                  1,303                
               Line  9        Total taxes                        2,712                
               Line 10        Mortgage Interest                  3,083                
               Line 14        Total interest deduction           3,083                
               Line 15        Gifts by cash or check             1,642                
               Line 16        Gifts other than by cash or check     250               
               Line 18        Total gifts to charity             1,892                
               Line 26        Net limited misc. deduction             0               
               Line 28        Total itemized deductions          16,094               
               Mrs. Butler attached to their 2002 Federal income tax return           
          a Schedule C.  On her schedule C for taxable year 2002, Mrs.                
          Butler listed as her principal business or profession:                      
          “Respiratory Tech”.  She reported $10,510 of business income,               
          $10,659 in business expenses, and $771 for expenses for business            





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