Dennis J. Tang and Alice Shu-Ling Tang - Page 10

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          check to Yao Min Ting, the person from whom petitioner had                  
          learned the principles and philosophy of Taoism.  Petitioner and            
          Dr. Chan did not discuss a particular amount; instead, Dr. Chan             
          was to separate his gifts into different installments as he saw             
          fit.  Dr. Chan contradicts this, saying that the money he paid              
          was a fee for lessons and not a gift.                                       
               Dr. Chan credibly testified that the checks were not made              
          out to petitioner only because petitioner requested that they be            
          made out in other people's names.  Dr. Chan did not question why            
          petitioner requested that the checks, in payment for lessons                
          given by himself, were to be made out to other persons.  Dr. Chan           
          considered petitioner his master and therefore felt he was not in           
          a position to question him.  Dr. Chan never met nor received any            
          services from Yao Min Ting.  Shanghai Clinic deducted the amounts           
          paid for these lessons with petitioner as a business expense.               
          However, neither Dr. Chan nor his company issued a Form 1099 for            
          any of the money paid to any individual for petitioner's lessons.           
          Nonetheless, the notations on almost all of the checks indicate             
          that they were checks in payment for training or consultation.              
                                       OPINION                                        
               The Commissioner's deficiency determination is normally                
          entitled to a presumption of correctness.  Rule 142(a); Welch v.            
          Helvering, 290 U.S. 111, 115 (1933).  The Court of Appeals for              
          the Ninth Circuit, the court to which appeal of this case would             
          lie, requires that the Commissioner come forward with some                  




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