- 22 - 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.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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