Robert H. Goode, Jr. and Lockie L. Goode - Page 6




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        deductibility of car and truck expenses of $1,708, depreciation               
        expense of $4,139, insurance expense of $694, and power tools                 
        expense of $1,820.                                                            
             After petitioners filed their 2002 return, in which they                 
        claimed a refund, petitioners received a letter from respondent               
        informing them that respondent had not received schedules in                  
        support of their 2002 tax return.  Thereafter, petitioners                    
        submitted a copy of their Schedule C to respondent but failed to              
        retain a copy for their own records.  Shortly thereafter,                     
        petitioners received a letter from respondent with a refund check             
        enclosed.  Subsequently, respondent issued his notice of                      
        deficiency.                                                                   
             At trial, respondent introduced into evidence a Schedule C               
        that Mr. Goode had reconstructed from amounts that were shown on              
        petitioners’ 2002 return.  The original Schedule C petitioners had            
        prepared and submitted with their return, as well as the copy of              
        Schedule C that petitioners submitted to respondent in response to            
        respondent’s subsequent request, were not introduced.  Respondent             
        asserts that petitioners did not submit Schedule C with their 2002            
        return and that the only Schedule C that respondent received is               
        the reconstructed version that was introduced into evidence at                
        trial.                                                                        










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