- 6 - were to display and distribute AdaCom brochures and display an AdaCom window decal. AdaCom advised program subscribers to include $7,750 in income, deduct $5,250 as an ordinary and necessary business expense pursuant to section 162, and claim a credit equal to $5,000 pursuant to sections 38 and 44. The deduction of $5,250 comprised the $2,500 cash paid plus the excess of the promotional services income over the claimed credit amount--$7,750 minus $5,000, which equals $2,750. AdaCom issued a Form 1099-MISC, Miscellaneous Income, in the amount of $7,750 to each program subscriber. None of the people referred by the program subscribers were required to subscribe to the program in order for the referring program subscriber to obtain credit towards the purchase price of the program. Petitioners’ Tax Return During the 2000 tax year, petitioner Bruce Channell was employed as a financial analyst, and petitioner Desta Taye- Channell was employed as a job coordinator. For 2000, petitioners filed a Schedule C, Profit or Loss From Business, claiming a business of “Membership Sales and Prepaid Legal Services”. On December 30, 2000, petitioners subscribed to the program. Petitioners chose promotional service program C and furnishedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011