- 6 - registration with the Georgia Department of Revenue. The auction’s primary activity was selling items such as toys, tools, furniture, and collectibles that it acquired in bulk. Petitioner, a licensed auctioneer, worked at the auction and as a buyer, traveled to different locations to acquire the items subsequently sold at the auction. Petitioner’s sister also worked at the auction. Petitioner cosigned and made payments on several bank loans which were used for the benefit of his father and the auction. The total amount advanced to petitioner’s father was $107,036. Petitioner did not have an ownership interest in the auction. In 1992, a fire completely destroyed the auction, for which petitioner’s father and stepmother claimed a casualty loss deduction of $55,825 on their Form 1040 for the 1992 tax year. Petitioners’ Income as Determined by Respondent for 1991 For the tax year 1991, respondent, using the source and application of funds method, determined that petitioners had unreported income. To compute unreported income using this method, the funds petitioners used were identified through their expenditures during the tax year 1991 and then compared with petitioners’ total available funds from all sources during the tax year 1991. Where the expenditures exceeded known available sources of funds, the difference was determined to be income. As part of the calculation, respondent excluded funds that were accumulated during prior taxable years.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011