- 26 - contend, however, that petitioner spent much of his time out in the community, meeting people and volunteering his services. They assert that, during petitioners’ early years in South Dakota, Mrs. Haeder was indispensable to petitioner’s law practice because she stayed at home to answer the telephone, greet visitors, type and file legal documents, and keep petitioner’s records. Respondent contends that Mrs. Haeder was not petitioner’s employee during the years in issue. Respondent asserts that the activities performed by Mrs. Haeder were duties normally performed by family members living in the same home, and they do not constitute the duties of an employee. Our review of the record in this case confirms that petitioners have not shown that Mrs. Haeder provided services as petitioner’s employee during the years in issue. Mrs. Haeder did not testify as to the extent or nature of any services she purportedly rendered in connection with petitioner’s law practice. Petitioner’s testimony relating to Mrs. Haeder’s purported services was vague, generalized, and conclusory. The record contains no specific or convincing evidence regarding clerical or secretarial services Mrs. Haeder actually performed in connection with petitioner’s law practice. In their briefs, petitioners contend that during the audit petitioner showed the IRS auditor numerous documents that Mrs.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011