Lucila Novoa - Page 15

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          compensation.11  The total payment reported on the Form 1099 is             
          identical to the amount of gross receipts reported by petitioner            
          on her 1993 Schedule C for her trucking business.  Petitioner               
          also testified that Cappy's paid her by check, that Cappy's was             
          her only client, and that she had no other earnings from the                
          operation of her trucking business during 1993.                             
               Petitioner's presentation of the Form 1099 together with               
          her testimony does not effectively rebut the presumption of                 
          correctness attached to respondent's reconstruction of income.              
          First, the Form 1099, in and of itself, does not prove that                 
          petitioner did not have other customers in her trucking business            
          and does not prove that she did not have any other income from              
          the use and ownership of the two trucks.  Second, although                  
          petitioner's testimony that she did not perform services for                
          clients other than Cappy's and that she had reported all her                
          earnings from her trucking business in 1993 on her return seems             
          credible, nevertheless her testimony does not rebut respondent's            
          determination, insofar as she might have had unreported rental              

               11 Respondent objected to the admission into evidence of               
          the Form 1099, and the parties did argue the question of its                
          admissibility in their initial briefs.  Although at trial                   
          petitioner did pull out of her purse a copy of the Form 1099                
          (introduced into evidence at trial as Exhibit 19), a copy of                
          the same Form 1099 was attached to Exhibit 2-B, a copy of                   
          petitioner's 1993 income tax return that was part of the                    
          stipulation of facts, which states that all evidentiary                     
          objections to stipulated exhibits are waived unless specifically            
          expressed therein.  Respondent did not raise any evidentiary                
          objections to Exhibit 2-B in the stipulation of facts.                      
          Therefore, the Form 1099 was properly admitted into evidence.               



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