Benjamin O. & Linda L. Agbaniyaka - Page 4




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          maintained a checking account for his claimed arts and crafts               
          business (claimed business checking account), even though that              
          account had a zero balance.  At least during each of the years              
          2001, 2002, and 2003, Mr. Agbaniyaka paid certain bank service              
          charges to maintain the claimed business checking account.                  
               Petitioners timely filed Form 1040, U.S. Individual Income             
          Tax Return (return), for each of their taxable years 2001 (2001             
          return), 2002 (2002 return), 2003 (2003 return), and 2004 (2004             
          return).  Petitioners included Schedule A-Itemized Deductions               
          (Schedule A) as part of the 2001 return (2001 Schedule A), the              
          2002 return (2002 Schedule A), the 2003 return (2003 Schedule A),           
          and the 2004 return (2004 Schedule A).  Petitioners also included           
          Schedule C as part of the 2001 return (2001 Schedule C), the 2002           
          return (2002 Schedule C), the 2003 return (2003 Schedule C), and            
          the 2004 return (2004 Schedule C).  In each such Schedule C,                
          petitioners showed the “Principal business or profession, includ-           
          ing product or service” as “AFRICAN ARTS & CRAFT”2 and the “Busi-           
          ness name” as “WAND AFRICA CONTEMPORARY IMPORTS”.                           
               In the 2001 Schedule A, petitioners claimed under the                  
          heading “Job Expenses and Most Other Miscellaneous Deductions”              
          $4,792 of “Unreimbursed employee expenses” (unreimbursed employee           
          expenses), which they identified in that schedule as “UNION DUES            

               2In the 2002 Schedule C, petitioners showed the “Principal             
          business or profession, including product or service” as “AFRICAN           
          ARTS, CRAFTS”.                                                              






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