- 2 - MEMORANDUM FINDINGS OF FACT AND OPINION WHERRY, Judge: This case is before the Court on a petition for judicial review of a notice of deficiency, dated August 12, 2004, that determined deficiencies of $6,795 and $77 for taxable years 2000 and 2001, and a section 6662 accuracy-related penalty of $1,359 for taxable year 2000.1 Petitioners timely petitioned this Court to review the notice of deficiency. After concessions by both parties,2 the issues for decision are: (1) Whether petitioners are entitled to fully or partially deduct, in taxable year 2000, business startup expenditures that were incurred in 1998 and 1999;3 1Unless otherwise indicated, all section references are to the Internal Revenue Code (Code) of 1986, as in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2Petitioners concede that they are not entitled to a $5,200 deduction for “Disabled Workers [sic] Impair” claimed on their Schedule C, Profit or Loss From Business, for their 2001 taxable year. Respondent concedes that for taxable year 2000, petitioners are allowed to claim the following Schedule C deductions: (1) $899.57 interest expense; (2) $217 travel expense; (3) $1,387.44 in other expenses; (4) $1,069 depreciation expense; and (5) $1,620 in educational expenses for University of Texas classes. Respondent concedes that for taxable year 2001, petitioners are allowed a $1,117 Schedule C deduction for donated books. 3The total amount of startup expenditures that petitioners incurred in 1998 and 1999 and deducted in 2000 is unclear to the Court. Respondent claimed that petitioners presented approximately $12,000 in receipts dated 1998 or 1999. Petitioners offered into evidence receipts dated 1998 or 1999 totaling approximately $9,630. The discrepancy regarding the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008