Haron M. and Aurora L. Veras - Page 3

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          Revenue Code in effect for the year in issue, and all Rule                  
          references are to the Tax Court Rules of Practice and Procedure.            
               Respondent determined a deficiency in petitioners’ Federal             
          income tax for the taxable year 2001 of $14,365.  The issues for            
          decision are:  (1) Whether petitioners omitted interest income of           
          $142; (2) whether petitioners are entitled to claimed Schedule C,           
          Profit or Loss From Business, expense deductions; and (3) whether           
          petitioners are entitled to a medical expense deduction not                 
          claimed on the return.1                                                     
          Background                                                                  
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts and the attached exhibits are              
          incorporated herein by this reference.  At the time of filing the           
          petition, petitioners resided in Weehawkeen, New Jersey.                    
               In March 1999, petitioner Haron M. Veras (petitioner) began            
          operating a trucking company as a sole proprietor.  Petitioner              
          owned a Freightliner tractor which was utilized to transport                
          freight.  The tractor was purchased in 1999 at a cost of                    


               1  Prior to trial petitioners conceded that they are not               
          entitled to claimed total itemized deductions of $25,593, which             
          had been disallowed in the notice of deficiency.  The notice of             
          deficiency allowed petitioners a standard deduction.                        
               The return reflected $912 for medical expense, however,                
          since the amount did not exceed 7.5 percent of adjusted gross               
          income, no deduction was claimed.  See sec. 213(a).  At trial               
          petitioners asserted that they were entitled to a medical expense           
          deduction in the approximate amount of $10,000.                             





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