- 4 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011