- 40 - $95,935.20 Loomis Residence Monthly Payment Issue Each of the two monthly payments that Mr. Palmer received in January 1995 and the one monthly payment that he received in February 1995 from Olin Ordnance with respect to his respective approved monthly invoices 0008, 0009, and 0010 included the $1,700 Loomis residence monthly payment. Petitioners reported in Sched- ule E as rent with respect to the Loomis residence the total of those three Loomis residence monthly payments ($5,100).21 Respon- dent determined in the notice that the $5,100 of Loomis 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 and therefore increased petition- 20Since respondent does not seek an increased deficiency for 1995 attributable to the respective amounts that Olin Ordnance owed to Mr. Palmer with respect to his approved monthly invoices 0016 through 0020 covering the period from the execution of the July 1995 amendment until the end of 1995, we need not address whether Mr. Palmer constructively received during 1995 the aggregate amount of such compensation. Suffice it to say that our views with respect to the inefficacy of the July 1995 amend- ment to preclude application of the constructive-receipt doctrine to the respective amounts of nonemployee compensation that Olin Ordnance owed to Mr. Palmer with respect to his approved monthly invoices 0011 through 0016 covering the period from Feb. 6, 1995, to the execution of the July 1995 amendment apply with equal force to the respective amounts of nonemployee compensation that Olin Ordnance owed to Mr. Palmer with respect to those subsequent invoices. 21Olin Ordnance reported, inter alia, in Form 1099 the $5,100 of Loomis residence monthly payments as nonemployee compensation that it paid to Mr. Palmer during 1995.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011