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1989-2 N.Y. Tax Cas. J-351 (1989)

handle is hein.nytax/nytcas0005 and id is 1 raw text is: 1989 New York Tax Cases
J-351
STATE OF NEW YORK
DIVISION OF TAX APPEALS
In the Matter of the Petition
of
DAVID J. BAKISH                             DETERMINATION
for Redetermination of a Deficiency or for
Refund of New York State and New York City
Income Taxes under Article 22 of the Tax Law
and Chapter 46, Title T of the Administrative
Code of the City of New York for the Years
1981 through 1983.
Petitioner, David J. Bakish, 2 Bay Club Drive, Bayside, New York 11360,
filed a petition for redetermination of a deficiency or for refund of New York
State and New York City income taxes under Article 22 of the Tax Law and
Chapter 46, Title T of the Administrative Code of the City of New York for the
years 1981 through 1983 (File No. 802855).
A hearing was held before Robert F. Mulligan, Administrative Law Judge, at
the offices of the Division of Tax Appeals, Two World Trade Center, New York,
New York, on October 21, 1988 at 9:45 A.M. Petitioner appeared by Louis F.
Brush, Esq. (Robert J. Lempenski, Esq., of counsel). The Division of Taxation
appeared by William F. Collins, Esq. (Angelo A. Scopellito, Esq., of counsel).
ISSUES
I. Whether petitioner may deduct certain expenses as business expenses on
Schedule C for the years at issue.
II. Whether petitioner may deduct certain expenses as employee business
expenses for the years at issue.
III. Whether the Statement of Audit Changes and Notice of Deficiency for
the year 1983 are incorrect due to mathematical or clerical errors.
IV. Whether petitioner has substantiated certain Schedule A deductions for
1983.

V. Whether negligence penalties were properly imposed.

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