James R. Palmer and Linda D. Palmer - Page 40




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        $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.                        





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