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IN THE MATTER OF SCHNELL v. COMMISSIONER OF TAXATION AND FINANCE

27 A.D.3d 977 (2006)

812 N.Y.S.2d 664

In the Matter of JOSEPH SCHNELL et al., Petitioners, v. COMMISSIONER OF TAXATION AND FINANCE et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 23, 2006.

Kane, J.

Petitioner Joseph Schnell was the sole proprietor of a plumbing business. Due to the allegedly improper termination of several contracts, the business never received any income. In 1999 and 2000, petitioners claimed bad debt deductions of $28,500 and $30,000 on their personal income tax returns in amounts purported to represent income that Schnell was entitled to receive as wages for his work on the terminated contracts. On those returns, petitioners listed...

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