Jerry J. and Susan N. LeBouef - Page 7




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          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 that               






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