- 7 - Increased Deficiency and Additions to Tax With respect to the increased deficiencies and increased additions to tax claimed in the answer, respondent bears the burden of proof. Rule 142(a); Achiro v. Commissioner, 77 T.C. 881, 889-990 (1981); DeSantis v. Commissioner, T.C. Memo. 1997- 141. Respondent presented evidence in support of the claim. In February 1989, petitioner executed an application and agreement to become an independent distributor for Matol. In November 1991, petitioner submitted an application for registration of a fictitious name, Staying Young Unlimited, with the Division of Corporations, State of Florida. The registration documents reflect that the mailing address of the business is the same as that of petitioner's residence. About the same time, petitioner advised Matol of the name change and asked Matol to issue all compensation and royalty checks in the name of Staying Young Unlimited. Petitioner further advised Matol that Staying Young Unlimited had its own tax identification number. During the taxable year 1993, Matol, as payor, issued 21 checks in the name of Staying Young Unlimited totaling $84,436.34. The checks were deposited to an account controlled by petitioner at the Barnett Bank in Florida. The $84,436.34 represents commissions earned by petitioner from a network marketing system operated by Matol. Petitioner failed to file a Federal income tax return for the taxable year 1993, and he failed to report any income orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011