Kevin R. Johnston - Page 41




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               Petitioner asserts he is entitled to additional trade or               
          business deductions on account of other expenses paid by                    
          Universal, in an aggregate amount of approximately $29,500.                 
          Petitioner refused to testify (or supply any other evidence)                
          about the business purpose of these expenses.  The only proof               
          petitioner offered in support of his claim consists of copies of            
          various checks drawn on the Universal account.                              
               Respondent objects to the admission of these checks because            
          petitioner did not exchange them with respondent 15 days prior to           
          trial, as required by our standing pretrial order.  Respondent              
          also argues that petitioner has not proved his entitlement to any           
          additional deductions, whether or not the checks are admitted.              
               Before we can consider these issues, we need to address one            
          preliminary matter.  We have redetermined the amount of                     
          petitioner’s income under the assignment of income rule; we have            
          not found it necessary to decide whether Universal was a sham.              
          We also note that respondent has never argued that the income and           
          deductions in issue should be attributed to different taxpayers.            
          Respondent has stipulated that petitioner is entitled to                    
          deductions for some amounts paid by Universal; these stipulations           
          were not conditioned on our deciding that Universal was a sham.             
          Accordingly, we conclude respondent has conceded that, because we           
          have decided petitioner’s income includes payments received by              
          Universal, petitioner may deduct amounts paid by Universal to the           





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