Desta Taye-Channell and Bruce C. Channell - Page 14

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          trade or business requires an examination of the facts and                  
          circumstances of each case.  Higgins v. Commissioner, 312 U.S.              
          212, 217 (1941); see also Commissioner v. Groetzinger, supra at             
          36.                                                                         
               Respondent contends that petitioners were not in a trade or            
          business within the meaning of section 162.  Petitioners contend            
          that they were in a trade or business entitled “Membership Sales            
          and Prepaid Legal Services”.  However, petitioners offered no               
          evidence other than the Schedule C and self-serving testimony               
          regarding their business.                                                   
               A tax return is merely a statement of a taxpayer’s position            
          and is not evidence of the correctness of the figures and                   
          information contained therein.  Wilkinson v. Commissioner, 71               
          T.C. 633, 639 (1979).  Moreover, the Court is not required to               
          accept petitioners’ unsubstantiated testimony.  See Wood v.                 
          Commissioner, 338 F.2d 602, 605 (9th Cir. 1964), affg. 41 T.C.              
          593 (1964).                                                                 
               As petitioners reported no gross receipts on the Schedule C            
          other than the bartering income and offered no documentary                  
          evidence whatsoever of the conduct of a business, we conclude               
          that petitioners did not use the program in a trade or business,            
          and petitioners are not entitled to a section 162 deduction for             
          their subscription to the program.                                          







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