Richard and Judith Haeder - Page 26




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          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.              






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