- 7 - venture existed between petitioner and Dogwood Acres, Harris or Saudi Corp. Respondent contends that petitioner has not shown that Dogwood Acres (and not petitioner) should be taxed on $175,000 of the $250,000 commission from the Holiday Isle transaction. Petitioner bears the burden of proving that respondent's determinations are incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Transactions between related taxpayers and between a closely held corporation and its shareholders are subject to close scrutiny. United States v. Ragen, 314 U.S. 513 (1942); Jaques v. Commissioner, 935 F.2d 104, 106 (6th Cir. 1991), affg. T.C. Memo. 1989-673; Tulia Feedlot, Inc. v. United States, 513 F.2d 800, 805 (5th Cir. 1975); Southeastern Canteen Co. v. Commissioner, 410 F.2d 615, 619 (6th Cir. 1969), affg. in part and revg. in part T.C. Memo. 1967-183. B. Whether $175,000 of the $250,000 Holiday Isle Commission Was Income to Petitioner 1. Petitioner's Affidavit The only evidence that petitioner had a joint venture with Dogwood Acres is an affidavit by petitioner. Petitioner did not testify. The parties stipulated that the statements in the affidavit would have been petitioner's testimony if he had testified at trial. In the affidavit, petitioner stated that the Holiday Isle transaction was a joint venture among himself,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011