- 12 - Commissioner, T.C. Memo. 1995-212, affd. without published opinion 85 F.3d 624 (5th Cir. 1996). Commission Expense In the notice of deficiency, respondent disallowed $403 of commission expenses claimed by petitioners on Schedule C of their 1989 returns. Petitioner testified that he presented substantiation to respondent at some point, yet failed to introduce any such substantiation for this Court to review. Generally, petitioners have the burden of proving that the determinations made by respondent in the notice of deficiency are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Petitioners have failed to meet their burden of establishing their entitlement to the additional $403 of commission expense. Accordingly, we hold for respondent on this issue. Advance Commissions Petitioner received advance commissions of $93,413, $17,839.79, $51,161, and $42,529 for the 1988, 1989, 1990, and 1991 tax years, respectively. Respondent determined that these advance commissions were income when received because petitioner had complete dominion and control over the proceeds, there was no fixed date for repayment, and petitioner never had to repay his employer for the excess commissions. Petitioner contends that these amounts received are loans for which petitioner was personally liable and which he did in fact fully repay.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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