- 9 - Orad so Orad could open a bank account and that the $1,000 payment she received from Orad was repayment of her 50-percent share of the Cena contribution. Since the parties agree that petitioner and Daro were partners in Cena and Cena did contribute $2,000 to Orad, we find that Orad's payment to Daro was a mere reimbursement, not a partnership distribution. In addition, we find that this transaction supports respondent's position that petitioner and Daro were not co-proprietors of Orad, since Daro never made a capital contribution to Orad. Petitioner's own testimony also indicates the lack of a co- proprietor relationship. Petitioner testified that she "controlled the Orad account," and that she "got the Orad money." Based on the foregoing, we find that petitioner has failed to carry her burden of establishing that Orad was a partnership for the year at issue. Accordingly, we sustain respondent's determination.4 Issue 2. Schedule C Deductions Respondent determined that petitioner was not entitled to deduct a number of claimed Schedule C expenses. Petitioner asserts that such expenses are allowable. 4 Although we sustain respondent's determination that Orad was not a partnership, we find that petitioner had $9,236 of unreported Schedule C gross receipts from Orad, not $9,710 as alleged by respondent. The $9,236 represents one half of Orad's gross receipts ($18,471). Petitioner already included the remaining $9,235 in her 1985 Federal income tax return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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