- 41 - 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 thePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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