Marguerite Barrow and William D. Barrow - Page 7

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          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,                 







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