- 15 - A. Normally on -- not on any given time. He would just come over and pay me, and say, This is what I owe you. And I said, Fine. Q. And you would just say, That's fine. A. That's correct. Petitioner's explanation for his failure to report, or even to estimate, the income received from Mr. Hall on his 1989, 1990, and 1991 returns was both inconsistent and implausible. See Factor v. Commissioner, 281 F.2d 100, 129 (9th Cir. 1960), affg. T.C. Memo. 1958-94. Petitioner contends that he did not report the income he received from Mr. Hall because Mr. Hall failed to issue Forms 1099 to him for the years in issue and petitioner had no way of estimating the amount of the payments.7 Petitioner's testimony explaining why he did not estimate the amount of these payments on his tax returns is less than clear: Q. Was it possible to determine how much you received, based on deposits to bank accounts or other documentation? A. Not based on that because there were some expenses involved. Q. Explain that to us, if you would. How were the expenses entered into this? A. Well, there was equipment that was purchased, vehicles that were purchased, et cetera. 7Citing Harper v. Commissioner, 54 T.C. 1121, 1141 (1970), petitioner argues that the nonreceipt of a Form 1099 is a mitigating factor in cases where, as here, the taxpayer reports all of his other income. However, that case is distinguishable on its facts and does not support petitioner's argument.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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