- 10 - 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 somePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011