- 11 - petitioner’s books and his establishment of the method of accounting indicates that he had sufficient knowledge of how to account for the income and expense of petitioner. This is especially true given the fact that Mr. Golden calculated the gross receipts and expense items and simply provided Mr. Jackson, petitioner’s return preparer, with the two amounts to be inserted onto the returns. According to Mr. Golden’s own testimony, he was aware that as a consequence of marking up items, petitioner was earning a profit. Yet he maintains that petitioner was simply a “passthrough” corporation and therefore he did not believe that there was any taxable income. Mr. Golden, however, knew that petitioner’s income was not being reported by some other individual or entity.4 We find it difficult to believe that Mr. Golden could identify a corporation as a passthrough entity without knowing that the income and expense items would necessarily have to be passed through to someone or some other entity who would report that income on a tax return. Nothing in 4 Petitioner resisted attempts by respondent to determine whether any of petitioner’s income was reported individually by Mr. and Mrs. Golden. Petitioner’s failure to produce any evidence supporting its allegation that it was a passthrough entity gives rise to the presumption that any evidence regarding this passthrough theory, if produced, would be unfavorable. See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158 (1946), affd. 162 F.2d 513 (10th Cir. 1947).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011