Emmanuel M. and Blessing N. Nwankwo - Page 15

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          Nigeria in January of 2002 with the intention of never returning            
          to the United States.  See sec. 1.871-5, Income Tax Regs.                   
               With respect to Raphael Nwankwo, we conclude that he never             
          intended to become a U.S. citizen and that he abandoned any                 
          resident status that he may have otherwise attained in the 3                
          years prior to his departure.  Accordingly, irrespective of our             
          finding that petitioners did provide more than half of his total            
          support in 2002, we must sustain respondent on this issue.                  
          2002 Schedule C Expenses                                                    
               As stated in the notice of deficiency for 2002, respondent             
          disallowed part of petitioners’ claimed Schedule C expense                  
          deductions because petitioners failed to “keep adequate records             
          and documentary evidence to substantiate” these expenses.                   
          Despite their lack of substantiation, respondent afforded                   
          “consideration” for petitioners’ depreciation, and repairs and              
          insurance expenses, allowing petitioners 60 percent of their                
          claim.  Respondent, however, disallowed some of petitioners’                
          deductions for legal and professional fees, travel expenses,                
          employee benefit program expenses, repair and maintenance                   
          expenses,“other expenses”, including uniforms and dry cleaning              
          and telephone, and commissions and fees for “lack of adequate               
          records and documentary evidence.”                                          
               Section 162 allows “as a deduction all the ordinary and                
          necessary expenses paid or incurred during the taxable year in              






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