Michael Gregorian and Yolanda Gregorian a.k.a. Yolanda Trelles - Page 10

                                        - 9 -                                         
          sought to be deducted.  Sec. 1.274-5T(c)(1), Temporary Income Tax           
          Regs., 50 Fed. Reg. 46016 (Nov. 6, 1985).                                   
               At trial, petitioner presented no documentary evidence to              
          substantiate the claimed expenses.  He testified that these                 
          expenses related to his employment with Marco’s Auto Body and in            
          the startup of his self-employed activity.  Petitioner, however,            
          could not recall what some of the expenses were about.  The Court           
          accordingly sustains respondent on this issue.                              
               The third issue is respondent’s disallowance of $12,000 in             
          rent claimed as an expense on Schedule C relating to petitioner’s           
          self-employed activity.  Petitioner’s auto repair business,                 
          Gregorian’s Automotive, was conducted in a separate facility he             
          rented that was located approximately 12 miles away from the                
          location of his employment with Royal Coach, Inc.  He testified             
          that he leased the building and paid $1,000 per month for rent.             
          Petitioner presented no documentation, such as canceled checks or           
          receipts to substantiate the $12,000.  The Court notes from the             
          evidence that there was some degree of strain between petitioner            
          and Royal Coach, Inc., regarding the private work of petitioner             
          at Royal Coach’s place of business.  To relieve that pressure,              
          petitioner rented the separate facility for the purpose of                  
          operating his self-employment activity.  The Court accepts that             
          testimony but is not prepared to allow petitioner the deduction             







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011