- 3 - In the notice of deficiency, respondent disallowed the following expenses: Rent $ 3,500 Wages 3,600 Office expenses 5,179 Total $12,279 Respondent agrees that the activity is a trade or business activity engaged in for profit and disallowed the expenses for failure to substantiate the amounts claimed. During the trial, respondent conceded that petitioner was entitled to a deduction for rent of $700 and $400 for wages paid that had been disallowed in the notice of deficiency. The nature of the activity is somewhat vague. At trial, petitioner gave examples of the services he provided, such as assisting businesses collecting debts from customers, searching courthouse records or newspapers that might provide information that could lead to assets of delinquent customers, negotiating with debtors, etc. Petitioner had engaged in this activity only for 2 or 3 years prior to the year at issue and had not realized a profit in any of the prior years. The sole issue in this case is whether petitioner substantiated the expenses disallowed.2 2Because of the year involved, the examination of petitioner’s return at issue commenced after July 22, 1998. Therefore, sec. 7491, which under certain circumstances shifts the burden of proof to the Commissioner, applies. However, for the burden to be placed on the Commissioner, the taxpayer must (continued...)Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011