Stephen D. Pahl and Louise A. Pahl - Page 14

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          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.  McKay           




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