Fred Willie Thomas, Jr. - Page 6

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          evidence to support his claim, we are not convinced that                    
          petitioner's business expenses equaled or exceeded income during            
          the years in issue.  Nor are we convinced that the self-                    
          employment income reported on the information returns represents            
          the total gross receipts of petitioner's business for each year.3           
               Petitioner asserts that he earned no income during the years           
          in issue because all income from his business was earned and                
          reported by Lorenzo Thomas.  Petitioner testified that a back               
          injury prevented him from doing any of the actual tile setting              
          during the three years in issue.  Therefore, petitioner asserts,            
          Lorenzo Thomas performed all the tile setting and earned all the            
          income from the business.                                                   
               Petitioner did not offer medical records or any other                  
          evidence to corroborate his claim that a back injury prevented              
          him from working during the years in issue.  We also note that              
          during the audit of petitioner's returns he did not mention that            
          he had a back injury and did not assert that Lorenzo Thomas                 
          earned all the income from the business.  We hold that petitioner           
          has failed to show that he had business expenses that equaled his           
          income during the years in issue.                                           
               Petitioner also contends that he did not make the personal             
          expenditures attributed to him by respondent during the years in            

               3Section 6041(a) requires a payor to issue a Form 1099-MISC            
          to a nonemployee payee (as well as to respondent) regarding                 
          remuneration for services only when such remuneration equals or             
          exceeds $600 in any taxable year.                                           




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