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Corporate Income and Franchise Tax Administrative Hearing Docket # 2006-111 - 04/19/2007

Corporate Income and Franchise Tax Administrative Hearing Docket # 2006-287 - 01/11/2007

Corporate Income and Franchise Tax Administrative Hearing Docket # 2007-28 - 09/14/2007

Issue: Losses from dog breeding/showing disallowed/not for profit.

Issue: Whether or not bonus depreciation previously added back on a corporate income tax return may be deducted on an individual income tax return.

Issue: Taxpayers failed to substantiate itemized deductions and expenses claimed on Schedule C. Schedule C is not for profit.

Issue: Business loans by husband considered equity investment. Debt not worthless. Wife not entitled to deduction for business use of home.

Issue: (1) Whether prepared food, soft drinks and non-food items are subject to the general State and local rate of tax during the audit period.

(2) Whether the assessment is correct and properly proposed to be assessed against the Taxpayer based on the best information available.

(3) Whether the fact that the Department did not notify the Taxpayer that the rate of tax remitted through their sales and use tax returns on prepared foods and soft drinks was incorrect prevents the Department from assessing the tax.

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