Todd A. Clark - Page 3

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            from a general contractor, Model Maintenance, Inc. (Company), and                            
            the Company paid petitioner for the jobs once a month.                                       
            Petitioner worked with another individual, Duram McManus, and                                
            petitioner paid Mr. McManus 50 percent of the amount shown on                                
            each check that he received from the Company for the jobs.                                   
            During 1991, petitioner received $38,390 from the Company,                                   
            inclusive of the amount that he paid to Mr. McManus.  The Company                            
            issued petitioner a 1991 Form 1099 showing this amount.                                      
                  During 1993, petitioner performed no work for the Company.                             
            Mr. McManus performed all of the work, and he received 100                                   
            percent of the amounts shown on the checks from the Company for                              
            that year.  The Company issued checks payable only to petitioner.                            
            The checks were endorsed on the back as "Pay to the order of                                 
            Durham McManus", who ultimately cashed them.  During 1993,                                   
            petitioner received $7,365 from the Company, inclusive of the                                
            amount paid to Mr. McManus.  The Company issued petitioner a 1993                            
            Form 1099 showing this amount.                                                               
                  Petitioner did not file a 1991 or 1993 Federal income tax                              
            return.  Petitioner did not make any estimated payments for                                  
            either year.                                                                                 
                                                OPINION                                                  
                  Petitioner must prove that respondent's determinations set                             
            forth in the notice of deficiency are incorrect.  Rule 142(a);                               
            Welch v. Helvering, 290 U.S. 111, 115 (1933).  Petitioner relies                             
            mainly on his testimony to disprove respondent's determinations.                             




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