- 3 - our findings are based on the pleadings and documents submitted at trial. Jacob B. Neiman, petitioner's husband, was an insurance agent for many years. During 1990, he did business with the Irv and Bob Kemp Agency (Kemp). During 1990, Jacob B. Neiman was paid $14,5425 in first year commissions. He was also paid $2,665 in renewal commissions in 1990. Kemp sent Mr. Neiman Forms 1099 with respect to these two payments. Kemp also advanced Mr. Neiman $4,080 in 1990. Mr. Neiman agreed to repay the advance by offsetting the payment against future commissions. The advance was repaid sometime in 1992. No Form 1099 was issued to Mr. Neiman with respect to the $4,080 advance made in 1990, nor was the amount included as income on the 1990 return. On Schedule C of the jointly filed Federal income tax return for 1990, petitioner and her husband reported the $14,542 payment and the $2,665 payment. Petitioner then subtracted the $4,080 advance from the commission income reported on the return. In the notice of deficiency, respondent determined that commission income was understated by $4,080. Petitioner acknowledges that the $4,080 was erroneously deducted from commission income received, and, therefore, the income on the 1990 return was understated by $4,080. Petitioner argues that she should be excused from liability for tax on the 5 Rounded to nearest whole dollar.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011