Kevin R. Johnston - Page 2




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          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.                






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