James R. Palmer and Linda D. Palmer - Page 22




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        residence monthly payments that petitioners claimed in Schedule E             
        as rent with respect to the Loomis residence constitutes self-                
        employment earnings and not rental income.  Consequently, respon-             
        dent increased petitioners’ Schedule C gross receipts by an                   
        additional $5,100.                                                            
                                      OPINION                                         
             Petitioners bear the burden of proving that the determina-               
        tions in the notice are erroneous.  See Rule 142(a);12 Welch v.               
        Helvering, 290 U.S. 111, 115 (1933).                                          
        Constructive Receipt Issue                                                    
             Respondent determined in the notice that Mr. Palmer construc-            
        tively received during 1995 $95,935 of nonemployee compensation               
        from Olin Ordnance with respect to his approved monthly invoices              
        0011 through 0016 covering the period from February 6, 1995, to               


             11(...continued)                                                         
          dent determined that Mr. Palmer had constructively received that            
          amount during 1995 equals the total of (1) the aggregate amount             
          of nonemployee compensation that Olin Ordnance owed to Mr. Palmer           
          during 1995 with respect to his approved monthly invoices 0011,             
          0012, 0013, 0014, 0015 and (2) the approximate portion of the               
          amount of nonemployee compensation that Olin Ordnance owed to him           
          during that year with respect to his approved monthly invoice               
          0016 covering the period from July 3, 1995, to the execution of             
          the July 1995 amendment.  For convenience, we shall ignore the              
          fact that respondent approximated the portion of the amount of              
          nonemployee compensation that Olin Ordnance owed to Mr. Palmer              
          during 1995 with respect to his approved monthly invoice 0016               
          covering the period from July 3, 1995, to the execution of the              
          July 1995 amendment.                                                        
               12All Rule references are to the Tax Court Rules of Practice           
          and Procedure.  All section references are to the Internal                  
          Revenue Code in effect for the year at issue.                               





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