- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007