Richard and Judith Haeder - Page 37




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          Additional Business Income                                                  
               Respondent determined that petitioner received $1,085 in               
          business income that was not included in income on petitioners’             
          1989 Federal income tax return.13  In a stipulation of agreed               
          adjustments filed with this Court after the trial, the parties              
          identified the omission of that income as a disputed adjustment,            
          but petitioners did not address this issue in their briefs.                 
          Accordingly, we treat the additional business income issue as               
          conceded by petitioners, and we sustain respondent’s                        
          determination as to this income item.  See Rule 151(e)(4) and               
          (5); Petzoldt v. Commissioner, 92 T.C. 661, 683 (1989); Money v.            
          Commissioner, 89 T.C. 46, 48 (1987).                                        
          Income From Prizes                                                          
               Respondent determined that for 1989 petitioners failed to              
          include in income $2,223 attributable to a prize that petitioner            
          won during that year.14  Petitioners do not dispute that                    
          petitioner won a laptop computer during 1989 or that the store              

               13At trial, petitioner stated that the issue was not in                
          dispute but commented further that he did not know whether the              
          income was received.  At that time, we declined to conclude that            
          petitioners had conceded the issue, and we permitted them the               
          opportunity to offer evidence on the matter.  Petitioners                   
          presented no evidence relating to this issue at trial.                      
               14The record is silent as to whether the value of the                  
          Computerland prize determined by respondent in the notice of                
          deficiency was based on a Form 1099 or some other information and           
          whether the amount determined by respondent reflected the retail            
          value of the computer, the amount of store credit issued to                 
          petitioner by Computerland, or something else.                              





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