John R. and Lois J. McCarthy - Page 4




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                  The interest item represents petitioner’s 50 percent of the                          
            interest earned on a savings account funded by the estate of                               
            petitioner’s mother.  The account is in the name of petitioner’s                           
            sister, who wires amounts to petitioner on a monthly basis.                                
            Petitioner considers this as business income since he uses these                           
            funds for expenses for his writing activity.                                               
                  In 1995, petitioner reported income of $8,350 on his                                 
            Schedule C.  This amount consists of $267 of video royalties,                              
            interest of $8,022 from his sister, and $60 for services he                                
            performed as a guest lecturer for an anthropology class.                                   
                  None of this income was related to the writing activity.                             
            Respondent determined that the above described income is not                               
            properly reportable on a Schedule C pertaining to the writing                              
            activity.                                                                                  
                  “A taxpayer may not determine the nature of his income                               
            merely by using a particular form or by labeling it as he wishes,                          
            but must report his income based on the economic realities of the                          
            situation.”  Upham v. Commissioner, 923 F.2d 1328, 1335 (8th Cir.                          
            1991), affg. T.C. Memo. 1989-253; Walker v. Commissioner, 101                              
            T.C. 537, 544 (1993) (citing Frank Lyon Co. v. United States, 435                          
            U.S. 561 (1978)).                                                                          
                  Petitioner agrees that none of this income was derived from                          
            his writing activity.  Petitioner testified that he knew he had                            
            to report all income received and the Schedule C seemed like the                           






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