- 6 - properties, land, and brokerage account. Based upon that understanding and the issuance of Forms 1099-MISC, Miscellaneous Income, by the bookkeeping service provider, Mr. Shea deducted the withdrawn funds on Doris Kropp’s tax returns, including her 1994 tax return. Beginning with when Mr. Shea first prepared a tax return for Doris Kropp through the filing of her 1994 tax return, Mr. Shea has never been directed to treat the withdrawn funds differently. In 1996, Mrs. Harte obtained a power of attorney from Doris Kropp. By 1997, Mr. Shea referred only to Mrs. Harte and her husband with regard to Doris Kropp’s financial affairs. In separate notices of deficiency for 1994, respondent determined, among other items, that the $81,000 was nonemployee compensation and included the $81,000 in Paul’s and Lorna’s income.4 OPINION I. Taxability of the $81,000 Withdrawal Gross income encompasses “all income from whatever source derived, including * * * Compensation for services”. Sec. 61(a). The value of property acquired by gift, however, is not included in gross income. See sec. 102(a). In Commissioner v. 4 Respondent included the entire $81,000 in Paul’s income. Respondent also included one-half of the $81,000 in Lorna’s income. Pursuant to applicable community property laws, Paul and Lorna must each report one-half of any amount established by the Court as nonemployee compensation.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011