Orin F. Farnsworth and Mary L. Farnsworth - Page 11




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          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 as             






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