- 2 - claimed on Schedule C and allowed by respondent in the notice of deficiency.1 Some of the facts have been stipulated and are so found. The written stipulation of facts and supplemental stipulation of facts, with the attached exhibits, and the oral stipulation are incorporated herein by this reference. At the time the petition was filed, petitioner resided in Los Angeles, California. During the year at issue, petitioner became involved with Strategic, a company which sells prepaid phone cards. Strategic operates a multilevel marketing arrangement wherein a sponsor recruits downline distributors, who then recruit additional representatives beneath them. The upline distributors earn commissions on the sales generated by those below them. This is typically known as a “pyramid” system. On February 7, 1996, petitioner signed an “Independent Representative Application and Agreement” (agreement) with Strategic. In signing the agreement, petitioner became eligible to sell and distribute Strategic’s goods and services and to receive commissions in connection with such sales. Petitioner also agreed that he “is an independent contractor not an agent, employee or franchisee of the Company” and that he will not be 1 At trial, counsel for respondent questioned the substantiation of expenses petitioner claimed on his Schedule C. We note that in the notice of deficiency all of petitioner’s claimed expenses were allowed, and we do not examine the substantiation of those items.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011