- 6 - OPINION Petitioners bear the burden of proving that respondent's determinations in the notice of deficiency are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Unreported Income The parties agree that during 1992 petitioner received compensation from JMS, which he did not report in petitioners' 1992 return, in an amount equal to at least $175 a week, or $9,100 for that year.3 Their dispute is whether during 1992 petitioner received more than $9,100 in compensation from JMS. While acknowledging that during 1992 he received more than $9,100 from JMS, petitioner contends that the amount that he received in excess of $9,100 belonged to Mr. Mahabir and that, pursuant to Mr. Mahabir's arrangement, petitioner was required to use such excess for the benefit of Mr. Mahabir, his family, and/or certain of Mr. Mahabir's acquaintances. Respondent contends that the Form 1099, as well as petitioners’ bank statements, shows that petitioner was permitted to retain for his benefit all money received from JMS during 1992. Our resolution of this case depends upon our assessment of the credibility of the following witnesses who testified at 3 Petitioners reported in their 1992 return all income received from Linden Lumber and Best Care.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011