- 2 - 6651(a)(1)1 for failure to file a return and under section 6654 for failure to pay estimated tax, of $8,635 and $1,447, respectively. We must decide whether petitioner’s gross income includes certain payments made during 1993 for services performed by petitioner. Petitioner claims these payments are not his income, because he did not personally receive them. Instead, petitioner directed the recipients of his services to pay an entity known as “Universal Trust” (Universal). Petitioner asserts that Universal should be recognized as a separate taxable entity and that the payments made by the service recipients should be treated as Universal’s income. In the alternative, petitioner asserts he is entitled to business deductions that offset the services income. Petitioner has also filed a “Motion for Summary Disposition and/or Judgment” and a Motion in Limine, which challenge the validity of the statutory notice, question respondent’s ability to make certain arguments or introduce certain evidence, and urge a reallocation of the burden of proof. In addition to rebutting petitioner’s procedural challenges, respondent advances three arguments for including in petitioner’s income the payments made to Universal. First, respondent claims 1 All section references are to the Internal Revenue Code in effect for 1993, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise specified.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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