Wesley W. and Patsie Burnett - Page 9




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          calculated the percentage of total expenses for each of the                 
          subject years to the corresponding annual gross revenue as 52               
          percent and determined that petitioners were allowed to deduct as           
          business expenses for each year 52 percent of the year’s annual             
          gross revenue (i.e., 52 percent x $178,230 of annual gross                  
          revenue = $92,680 of allowable expenses).  She concluded and                
          determined that Mr. Burnett, as the sole proprietor of the                  
          newspaper, had received from the newspaper in each year                     
          unreported income of $85,550 ($178,230 - $92,680 = $85,550).  She           
          determined that both petitioners, by virtue of the fact that they           
          lived in Texas, a community property State, were taxable on equal           
          shares of that income.  She determined that Mr. Burnett, by                 
          virtue of the fact that he was the newspaper’s sole proprietor              
          and publisher and that Ms. Burnett did not seem to be an active             
          participant in that business, was liable for self-employment tax            
          on his portion of the self-employment income.                               
                                       OPINION6                                       
               Petitioners alleged in their petition that the notices of              
          deficiency were invalid because respondent failed to execute an             
          involuntary return that met the definition of section 6020(b).              
          Petitioners also alleged in their petition, and have argued                 


               6 Sec. 7491(a)(1) does not apply in this case.  In addition            
          to the fact that respondent’s examination of petitioners’ 1994,             
          1995, and 1996 taxable years commenced before July 23, 1998, the            
          effective date of the section, petitioners have failed to                   
          cooperate with respondent as required by sec. 7491(a)(2)(B).                





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