John F. and Susan D. Meyer - Page 3




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          and all Rule references are to the Tax Court Rules of Practice              
          and Procedure.                                                              
               Respondent issued a timely notice of deficiency to                     
          petitioners.  Initially, respondent determined a $16,079                    
          deficiency in petitioners’ 2002 Federal income tax.  Respondent             
          reasoned that the expenses claimed on petitioners’ Form 1040,               
          U.S. Individual Income Tax Return, were not deductible by them              
          because they were incurred by a corporation and could only be               
          claimed on a Form 1120, U.S. Corporation Income Tax Return.                 
          Respondent reduced the deductions claimed on petitioners’                   
          Schedule C, Profit or Loss From Business, by $39,257.  Prior to             
          trial, respondent filed a Motion for Leave to File an Answer,               
          seeking to correct the amount of the deficiency by decreasing it            
          to $13,410.  Respondent represented that the notice of deficiency           
          had failed to disallow the entire amount of petitioners’ Schedule           
          C deductions; rather, they should have been reduced by $47,521.             
          Respondent also inconsistently included in petitioners’ income              
          $39,529 of Schedule C gross receipts, which triggered self-                 
          employment taxes.  In his answer, respondent conceded that                  
          petitioners did not owe self-employment taxes.  The issue for               
          decision is whether petitioners are entitled to deduct the                  
          $47,521 in expenses reported on their Schedule C.                           










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