Jon D. Dezagottis - Page 7




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                              We find the testimony given by petitioner to be too vague                                                                                    
                    and based too much upon conjecture to establish that the $10,393                                                                                       
                    of bank deposits at issue were derived from credit card cash                                                                                           
                    advances, earnings from Merkle, or a combination of both.                                                                                              
                    Furthermore, we find no other evidence in the record which                                                                                             
                    establishes that the $10,393 of funds deposited into petitioner’s                                                                                      
                    checking bank account were nontaxable.  In the absence of such                                                                                         
                    evidence, we must find for respondent on this issue.                                                                                                   
                    2.  Self-Employment Tax                                                                                                                                
                              Respondent determined that petitioner is liable for self-                                                                                    
                    employment tax on the unreported income.  Section 1401 imposes a                                                                                       
                    tax on the self-employment income of individuals.                                                                                                      
                              Self-employment income means the net earnings from self-                                                                                     
                    employment derived by an individual.  Sec. 1402(b).  In general,                                                                                       
                    net earnings from self-employment means the gross income derived                                                                                       
                    by an individual from any trade or business that he or she                                                                                             
                    carries on, reduced by allowable deductions attributable thereto.                                                                                      
                    Sec. 1402(a).  Petitioner bears the burden of showing that                                                                                             
                    respondent's determination is erroneous.  Rule 142(a); cf. Jones                                                                                       
                    v. Commissioner, T.C. Memo. 1994-230, affd. without published                                                                                          
                    opinion 68 F.3d 460 (4th Cir. 1995); O’Rourke v. Commissioner,                                                                                         
                    T.C. Memo. 1993-603, affd. without published opinion 60 F.3d 834                                                                                       
                    (9th Cir. 1995).                                                                                                                                       
                              When asked at trial about his employment status, petitioner                                                                                  





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