Patricia E. Ietto - Page 4

                                                    4                                                     
            respondent's motion to dismiss for lack of jurisdiction as to the                             
            portion of the petition relating to FICA taxes is granted.                                    
            Income Tax                                                                                    
                  Respondent's determination is presumed correct and                                      
            petitioner bears the burden of proving that the determination is                              
            erroneous.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115                                
            (1933).  Gross income means all income from whatever source                                   
            derived including commissions received for services.  Sec.                                    
            61(a)(1).  Taxpayers are taxed on the amount of income they                                   
            receive, and the extent to which other parties may fail to comply                             
            with the various reporting provisions of the Internal Revenue                                 
            Code has no bearing on a taxpayer's gross income.  See Vaughn v.                              
            Commissioner, T.C. Memo 1992-317, affd. without published opinion                             
            15 F.3d 1095 (9th Cir. 1993).                                                                 
                  Petitioner calculated her 1991 commission income by adding                              
            the individual commission checks she received during 1991.                                    
            Petitioner admitted that she may have erred in her addition.  The                             
            Form 1099 received by petitioner supports respondent's                                        
            determination as does the sum of petitioner's commission checks.                              
            NYPE's delay in issuing the Form 1099 to petitioner has no                                    
            bearing on her gross income.  Accordingly, respondent's                                       
            determination with respect to the deficiency in Federal income                                
            tax is sustained.                                                                             
                                                        An appropriate Order and                          
                                                 Decision will be entered.                                




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