Sony and Gwendolyn A. Jean Baptiste - Page 2




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               The issues for decision are:2  (1) Whether petitioners                 
          received nonemployee compensation in the amount of $14,288; (2)             
          whether petitioners are entitled to deduct Schedule C expenses in           
          the amount of $6,811; and (3) whether petitioners are liable for            
          the accuracy-related penalty under section 6662(a).                         
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioners resided in Pasadena, California.                     
          Background                                                                  
               Sony Jean Baptiste (petitioner) earned his living as a truck           
          driver in 1994.  From January 1, 1994 to May 2, 1994, petitioner            
          worked for Ortega Trucking (Ortega), the owner of which is                  
          Charles Ortega (Mr. Ortega).  Petitioner would drive one of                 
          Ortega’s trucks to Pacific Railroad where he would pick up a                
          shipment.  Petitioner would then transport this shipment to                 
          various warehouses for unloading.                                           
               Some of the warehouses to which petitioner delivered had               
          their own employees help unload the trucks.  Other warehouses did           
          not, and petitioner would hire “lumpers” to help unload.  The               
          lumpers would wait in the vicinity of the warehouse for the                 
          trucks to come in.  According to petitioner, he would negotiate a           
          price with the lumpers and would pay them about $60 or $65 and              
          sometimes $80.  If petitioner needed help unloading a double                

               2  Petitioners conceded that they received a tax refund of             
          $2,535 for the 1994 taxable year.                                           


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