Diane Gussie - Page 7




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               The only other evidence petitioner proffered at trial was a            
          summary of the 1988 activity in her personal checking account               
          that she prepared in anticipation of trial, and the testimony of            
          a certified public accountant, Suk L. Lee, who prepared the 1988            
          Form 1040 that petitioner presented to respondent for purposes of           
          these proceedings.  Even if petitioner’s checking account summary           
          and Mr. Lee’s testimony are not rendered inadmissible under the             
          hearsay and best evidence rules, see Fed. R. Evid. 801 and 1001,            
          neither would be probative on the question of whether the                   
          payments petitioner received from Bankers Mortgage in 1988 were             
          repayments of loans.                                                        
               On the basis of the record before us, we find that                     
          petitioner has failed to carry her burden of proving that                   
          respondent’s determination that she received $120,200 of                    
          nonemployee compensation in 1988 was erroneous, and we sustain              
          it.5                                                                        


               5 Although sec. 6201(d), as amended by the Taxpayer Bill of            
          Rights 2, Pub. L. 104-168, sec. 602(a), 110 Stat. 1463 (1996),              
          imposes certain additional evidentiary burdens on the                       
          Commissioner where a taxpayer asserts a “reasonable dispute” with           
          respect to an item of income reported on an information return by           
          a third party and the taxpayer has “fully cooperated” with the              
          Commissioner, that section is inapplicable in this case.                    
               Sec. 6201(d) was effective as of July 30, 1996.  Although              
          the petition in this case was filed on July 22, 1996, the trial             
          was conducted on Apr. 6, 2000.  Assuming arguendo (i) that sec.             
          6201(d) is effective for purposes of this case, and (ii) that               
          petitioner has asserted a “reasonable dispute” concerning the               
          item of income reported on the Form 1099 issued by Bankers                  
          Mortgage, sec. 6201(d) would nonetheless be inapplicable because            
                                                             (continued...)           




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