- 10 - had not been included in the gross income and/or used in the computation of petitioners’ respective taxable income. In his determination, respondent increased petitioners’ gross income by the amount of the compensation that had been reflected on the Forms 2106. In an attempt to negate respondent’s income-side determination, petitioners have argued that, without an explicit expense determination by respondent, petitioners’ reported positions would remain unchanged. Petitioners make that argument in spite of the undisputed fact that their employee expenses were not allowable in offset of gross income.6 Petitioners have attempted an end run around the error in their reporting position by arguing that they have already included the Form 1099-MISC compensation in gross income by reflecting it on the Forms 2106 and that respondent’s determination is a duplication. Petitioners’ duplication argument is circuitous and obviously begs the question. Because petitioners used the expenses for direct offset, the compensation was not included in the gross income petitioners used in computing their tax liabilities. Section 6212 authorizes the Commissioner to determine a tax deficiency. Petitioners argue that any failure to make such a determination results in a lack of our subject-matter 6 If allowable, the expenses would have been deductible from AGI and subject to sec. 67 and other limitations.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011