- 11 - determined that the “contract value” payments are subject to self-employment tax under section 1401. Respondent’s answer concedes that the $167,126 in “contract value” paid by Farmers directly to Gloria Farnsworth during 1995 should be taxable to Gloria Farnsworth and not to petitioners. OPINION Issue 1. Are Petitioners Entitled To Exclude From Income, As a Recovery of Basis, Any Portion of the DMAA Payments They Received in 1995? Petitioners have the burden of proof to establish the amount of Mr. Farnsworth’s basis, if any, in the DMAA contract. See Rule 142 (burden of proof generally on petitioner); Martin Ice Cream Co. v. Commissioner, 110 T.C. 189, 220 (1998) (Court accepted Commissioner’s determination that taxpayer had no basis in stock where taxpayer failed to introduce evidence to establish basis in stock); Reinberg v. Commissioner, 90 T.C. 116, 142 (1988) (petitioners not entitled to depreciation deductions because they failed to meet burden of proof by establishing basis). Petitioners argue that Mr. Farnsworth has basis in the DMAA contract because he treated the retention amounts as income on his Federal income tax returns. Petitioners failed to introduce any documentary evidence to support their contention. Petitioners do not have copies of Mr. Farnsworth’s Federal income tax returns from the relevant years to show that he reported asPage: 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