- 7 - drawings. Petitioner was paid $25 an hour for his work, less amounts Mr. Tomlin would withhold for taxes. Petitioner was typically paid in cash because he refused Mr. Tomlin’s checks after having several returned for insufficient funds. Petitioner produced copies of several receipts written by him purportedly evidencing a portion of the cash payments made to him by Mr. Tomlin. The receipts each named Mr. Tomlin and/or Johnson, Inc., or Quantum Consultants, Inc. The receipts dated 1995 were in the amounts of $950, $700, and $550. The receipts dated 1996 were in the amounts of $1,000, $2,100, $600, and $500. The receipts dated 1997 were in the amounts of $800, $1,500, $1,000, and $1,300. These amounts do not correspond to the amounts which were reflected on the Forms W-2 and which petitioner reported as income. Although petitioner testified that he did not attempt to match these receipts to the Forms W-2, there is a notation on a statement presented as evidence which states: “Jerry you still owe me $1500.00 on my last pay * * * you also included this on the W-2 but you did not pay.” Two witnesses testified on petitioner’s behalf. The first witness, Michael Blore, is petitioner’s son. Petitioner testified that Michael was present “almost every time the man [Mr. Tomlin] came by, especially whenever he would pay me.” Michael, on the other hand, testified concerning only one meeting between Mr. Tomlin and petitioner at which he was present. HePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011