John D. Fairchild - Page 9




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          K-1 for 1993, as would have been required if it had been a                  
          partnership.  Sec. 6031(a) and (b).  Petitioner did not report              
          any partnership income on his 1993 return.  Petitioner offered no           
          documents and called no witnesses to corroborate his testimony              
          that Stan’s Pawn Shop was a partnership in 1993.  We are not                
          convinced that Stan’s Pawn Shop was a partnership in 1993.                  
               Petitioner contends that he is not liable for tax on $25,218           
          because the business kept that amount and made no cash                      
          distribution to him.  We disagree.  Stan’s Pawn Shop had net                
          income of $25,218.  For tax purposes, a sole proprietorship has             
          no separate legal identity from its proprietor.  Jaske v.                   
          Commissioner, 823 F.2d 174, 176 (7th Cir. 1987), affg. T.C. Memo.           
          1986-454.  Petitioner is liable for income tax on the $25,218,              
          whether or not Stan’s Pawn Shop distributed that amount in cash             
          to him.  Id.                                                                
               We conclude that petitioner is liable for tax on $25,218 of            
          net income from Stan’s Pawn Shop in 1993.                                   
          D.   Whether Petitioner Is Liable for Self-Employment Tax                   
               Petitioner contends that he is not liable for self-                    
          employment tax on income from Stan’s Pawn Shop because it was a             
          partnership.  We disagree for reasons discussed at paragraph C,             
          above.                                                                      
               Petitioner contends that he is not liable for self-                    
          employment tax because he was not an employee of Stan’s Pawn Shop           






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