- 12 - His testimony was vague, unsupported by any billing records or any other tangible work product that would indicate the business or tax-related nature of the work, and does not convince us that any of the expense was related to petitioner's trade or business or tax-related matters. Cf. United States v. Gilmore, 372 U.S. 39 (1963) (to be deductible as a business or profit seeking expense, it is insufficient that an expenditure have a business or income-related consequence if the origin of the expense is not in the business or profit seeking activity). We accord Mr. Bentley's testimony no weight, and, thus, petitioner has failed to carry his burden of proof on this matter. Respondent’s determination of a deficiency is sustained to the extent respondent denied petitioner’s deduction for the Bentley payment. IV. Payment From Radiology Affiliates Radiology Affiliates of NY (Radiology Affiliates) employed petitioner during 1993. Petitioner received $30,000 from Radiology Affiliates during 1993 (the $30,000 payment), which he did not report as gross income. Respondent determined that the $30,000 payment was compensation for services to be performed in the future and increased petitioner’s gross income by $30,000 on account thereof. Petitioner argues that the $30,000 payment was not an item of gross income because it was a loan. Generally, compensation for services is an item of gross income, including compensation received for future services. Sec. 61(a)(3); e.g., Huebner v. Commissioner, T.C. Memo. 1966-73Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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