Malcolm Elwood McClain - Page 6




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               Board and Room Rental                                                  
               Petitioner’s mobile home has three bedrooms.  He also                  
          converted an attached heated porch into a bedroom.  Petitioner              
          allowed to stay with him individuals who were friends of his son            
          or daughter or who had previously stayed with him.  Some were               
          minors.  Sometimes as many as seven people lived with him,                  
          including his son and daughter.  There were sometimes two or                
          three persons to a bed.  His guests were people “who had been in            
          some sort of misfortune or down and out with nowhere to go.”  As            
          it turned out, many of petitioner’s guests were using drugs.                
          They did not, with a few exceptions, pay any rent or do any work            
          to compensate petitioner for their room and board.                          
               Petitioner, on his Schedule C for board and room rental,               
          checked the box for “other” method of accounting and wrote in               
          “rent accrued”.  Under petitioner’s “rent accrued” method, he               
          kept a running total of the amounts that he thought should have             
          been paid by each individual.  In the case of Stacy Brown,                  
          petitioner shows an “accrual” of $7,293.16 for 1994, but it                 
          includes unpaid amounts from 1992 and 1993.  The “accruals” do              
          not reflect amounts that may have been paid by work or cash                 
          during the respective years.  For 1994 and 1997, petitioner                 
          claimed bad debt deductions for unpaid rent.  Petitioner used a             
          method other than the accrual method for his expenses.                      








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Last modified: November 10, 2007