Kelvin & Arlene Jackson - Page 28




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          Schedule C clearly state that Form 4562 must accompany the tax              
          return.  See 2000 Instructions for Schedule C, Profit or Loss               
          From Business, General Instructions, Other Schedules and Forms              
          You May Have To File, and Line 13, Depreciation and Section 179             
          Expense Deduction; 2000 Instructions for Form 4562, Part I–-                
          Election to Expense Certain Tangible Property (Section 179).                
               Furthermore, petitioners claimed CGS of $19,887.57, while              
          reporting only $327.79 in gross receipts, which the Court                   
          concludes “would seem to a reasonable and prudent person to be              
          ‘too good to be true’ under the circumstances”.  See sec. 1.6662-           
          3(b)(1)(ii), Income Tax Regs.  Overall, for taxable year 2000,              
          petitioners failed to keep adequate books and records and to                
          substantiate items properly.  See sec. 1.6662-3(b), Income Tax              
          Regs.  The Court concludes that petitioners acted negligently               
          with regards to their 2000 joint Form 1040.  They failed to                 
          substantiate, and ascertain the correctness of, many of their               
          claimed deductions.  Accordingly, the Court sustains respondent             
          on this issue.                                                              
          IV. Petitioners’ Motion for Sanctions                                       
               Rule 104(c) provides that if a party fails to obey an order            
          of the Court involving certain discovery matters, then the Court            
          may make such orders as to the failure as are just.  Such orders            
          may include, but are not limited to, “An order striking out                 
          pleadings or parts thereof, or staying further proceedings until            







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