- 7 - T.C. Memo. 1968-126; Lare v. Commissioner, 62 T.C. 739, 750 (1974), affd. without published opinion 521 F.2d 1399 (3d Cir. 1975); Kaltreider v. Commissioner, 28 T.C. 121, 125-126 (1957), affd. 255 F.2d 833 (3d Cir. 1958); Smith v. Commissioner, T.C. Memo. 1997-109, affd. without published opinion 129 F.3d 1260 (4th Cir. 1997); Rankin v. Commissioner, T.C. Memo. 1996-350, affd. 138 F.3d 1286 (9th Cir. 1998); Sirrine Bldg. No. 1 v. Commissioner, T.C. Memo. 1995-185, affd. without published opinion 117 F.3d 1417 (5th Cir. 1997). B. Contentions of the Parties Throughout this litigation and the earlier examination of their return, petitioners have maintained that the sole proprietorship, LeBouef Company, was inactive during the taxable year 1993 and neither earned any income nor incurred any costs of goods sold. Rather, petitioners contend that the gross receipts reflected on their Schedule C were in fact income of LeBouef Company, Inc., a corporate entity owned by Mr. LeBouef. Petitioners explain that prior to 1987 Mr. LeBouef operated his construction enterprise as a sole proprietorship and thereafter incorporated the business as LeBouef Company, Inc. They allege, however, that certain customers mistakenly continued to use the sole proprietorship’s employer identification number when reporting payments for work performed to the Internal Revenue Service (IRS) on Forms 1099. Petitioners further assert thatPage: 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