- 14 - determination of a deficiency to the extent attributable to petitioner’s pro rata share of the income and other items of Niesar Pahl for 1990. III. Automobile Allowance Respondent determined a deficiency based, in part, on her adjustment increasing petitioners’ gross income on account of the omission of nonemployee compensation of $6,500 received by petitioner from Niesar Pahl. Petitioner did receive $6,500 from Niesar Pahl as an automobile allowance, which amount is reflected on the Form 1099 issued to petitioner by Niesar Pahl. The automobile allowance is the nonemployee compensation in question. Petitioner testified that the automobile allowance is reflected on Schedule C, Profit or Loss From Business (Schedule C), attached to petitioners’ 1990 return. Petitioner’s testimony was unconvincing. Schedule C states that it relates to “Attorney Legal Service-Leasing”, and it shows gross receipts of $8,530. We fail to see the connection between the automobile allowance and any attorney legal service-leasing business of petitioner’s. Petitioners’ 1990 return was prepared by a paid tax return preparer, Clifford Fenske, Jr. Petitioners neither called Mr. Fenske to testify nor showed that he was unavailable to testify. Mr. Fenske may have had working papers or other knowledge that would have explained the nature of the gross receipts of $8,530 reported on Schedule C. We infer from his failure to testify that his testimony would have been negative to petitioner. McKayPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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