- 22 - 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 ReliefPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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