Mung Thi Huynh - Page 2

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          our consideration are:  (1) Whether petitioner has shown that she           
          is entitled to deduct any part of the $459,650 that she claimed             
          as commissions and fees, and (2) whether petitioner is liable for           
          the penalty and addition to tax determined by respondent.                   
                                  FINDINGS OF FACT                                    
               Petitioner resided in Pomona, California, at the time her              
          petition was filed in this case.  Her 1992 Federal income tax               
          return was filed on April 18, 1994.  On Schedule C, petitioner              
          reported gross receipts of $1,014,498.29 from her business as a             
          “Dress Maker” operating under the name “California Fashion”.                
          After accounting for returns and allowances and cost of goods               
          sold, a gross income of $534,009.26 was reported.  Among other              
          expenses, petitioner claimed commissions and fees in the amount             
          of $459,650.  The sole adjustment by respondent to petitioner’s             
          Schedule C reporting was the disallowance of the entire amount              
          claimed for commissions and fees.                                           
               Petitioner’s business involved the manufacture of dresses on           
          a piecework basis.  Jose Antonio Garcia Juarez2 was employed by             
          petitioner during 1992.  He was paid approximately $200 to $220             
          per week, he worked long hours, and he knew how to perform all              
          tasks involved in the operation of the business.  Mr. Juarez did            
          not share in petitioner’s business profits for 1992.  At some               


               2  Mr. Juarez has also been known as Mr. Garcia in portions            
          of the record.                                                              




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