Floyd L. Garrett and Dorothy G. Garrett - Page 22

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          BEL.  However, Mr. Garrett testified that he owned only 50                  
          percent, not 100 percent, of the S corporation.  Therefore,                 
          petitioners contend that only 50 percent of the additional income           
          is taxable to them.                                                         
               Section 1366 provides that a shareholder of an S corporation           
          shall take into account the shareholder's pro rata share of                 
          income earned by the corporation as if such income were realized            
          directly from the source as realized or incurred by the                     
          corporation.  The burden is on petitioners to prove the                     
          respondent's determinations are incorrect.  Rule 142(a); Welch v.           
          Helvering, 290 U.S. 111, 115 (1933).                                        
               The evidence in this case does not support petitioners'                
          argument that Mr. Garrett was only a 50-percent shareholder in              
          BEL.  The corporate return of BEL treats Mr. Garrett as the sole            
          shareholder for the taxable year 1991.  Only one Schedule K-1 is            
          attached to BEL's Form 1120S for 1991.  This Schedule K-1 lists             
          Mr. Garrett as owning 100 percent of the stock of BEL for 1991.             
          Petitioners failed to produce evidence of any other BEL                     
          shareholders to support Mr. Garrett's self-serving testimony.               
          Consequently, we find that Mr. Garrett was the sole shareholder             
          of BEL in 1991 and that petitioners understated their                       
          distributive share of ordinary income from BEL by $34,895 for               
          1991.                                                                       

          Issue Four:  Innocent Spouse Relief                                         





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