- 3 - Petitioner acknowledged that during the year in issue he received Amway sales commissions from the Langeliers and Mullaneys. Furthermore, petitioner testified that he received the Forms 1099. However, petitioner stated that the Langeliers Form 1099 was received 6 or 9 months after petitioners' 1991 Federal income tax return had been filed. With respect to the Langeliers Form 1099, petitioner conceded that he received the amounts reported except for two checks totaling $94.62 (missing checks). The documentation that supported the Langeliers Form 1099, with the exception of the missing checks, was admitted into evidence as respondent's Exhibit E. Mr. Langeliers testified at trial that the missing checks were issued to petitioner and cleared his account, but that he was unable to obtain copies of the checks. Petitioner contends that Mr. Langeliers was unable to produce the missing checks referred to as check number 2737 and 2738 in the amounts of $26.10 and $68.52, respectively. However, petitioner produced no records to support his testimony that he did not receive the missing checks. Furthermore, petitioner was given ample opportunity to cross-examine Mr. Langeliers; during petitioner's cross-examination of Mr. Langeliers, instead of addressing the notice of deficiency, petitioner attempted to introduce into evidence a document called "CODE BREAKER - The � 83 Equation", which was marked for identification as petitioners' Exhibit 3.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011