Fernando and Maria Leonzo - Page 4

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          for 1988.  Petitioners claimed $47,999 for home mortgage interest           
          on their 1989 Schedule A.  Petitioners substantiated $24,402 of             
          the 1989 home mortgage interest.  Petitioners included a                    
          Form 1098 Mortgage Interest Statement with their 1989 return.               
          The Form 1098 showed that "Jose A. Ayala" paid "$23,---.--"                 
          (illegible copy) in interest to Perpetual Savings Bank.                     
               Petitioners reported gross receipts of $13,342 from L&L on             
          their 1988 Schedule C.  Petitioners deducted $4,645.03 as                   
          expenses on their 1988 Schedule C.  Petitioners reported a net              
          profit of $8,696.97 on their 1988 Schedule C.  Petitioners filed            
          a Schedule SE, Social Security Self-Employment Tax, for 1988.               
          Petitioners reported $8,696.97 from their 1988 Schedule C as the            
          amount of net profit subject to the self-employment tax.                    
                                       OPINION                                        
          Unreported Income                                                           
               Petitioners have the burden of proving that respondent's               
          determinations are erroneous.  Rule 142(a).  Once there is                  
          evidence of actual receipt of funds by the taxpayer, that                   
          taxpayer has the burden of proving that all or a part of those              
          funds are not taxable.  Tokarski v. Commissioner, 87 T.C. 74                
          (1986).   At trial, petitioner acknowledged that he received the            
          check from LIC to LCC for $60,000.  Petitioner testified that he            
          received a salary from L&L of approximately $24,000 per year;               
          however, he reported $13,342 for 1988.  Petitioner's explanation            
          is that the $60,000 check from LIC and the difference between the           




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