Craig A. and Roseann B. Miller - Page 3




                                        - 2 -                                         
               Respondent determined a deficiency of $3,102 in petitioners’           
          1999 Federal income tax.  After a concession by petitioners,1 the           
          sole issue for decision is whether petitioners’ gross income for            
          1999 must include a check for $11,091.90 that they received in              
          1999 but did not cash until 2000.                                           
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the accompanying exhibits are                  
          incorporated herein.  Petitioners resided in Tracy, California,             
          at the time the petition was filed.2                                        
                                     Background                                       
               In 1993 petitioners acquired 40 acres of land in Tracy,                
          California.  Petitioners planted apricot trees on the land for              
          the purpose of commercially farming apricots.  Petitioners                  
          entered into a management agreement with Stephen Pellegri, Sr.              


               1In the notice of deficiency, respondent determined that               
          petitioners failed to report dividend income of $80.  Petitioners           
          conceded this issue.                                                        
               2Prior to trial, petitioners filed a motion to shift the               
          burden of proof to respondent.  Under sec. 7491(a) of the                   
          Internal Revenue Code, the burden of proof shifts to respondent             
          if the taxpayer:  (1) Has complied with substantiation                      
          requirements under the Internal Revenue Code; (2) has maintained            
          all records required by the Internal Revenue Code and has                   
          cooperated with all reasonable requests by respondent for                   
          information, documents, meetings, etc.; and (3) introduces                  
          credible evidence with respect to any factual issue relevant to             
          ascertaining the liability of the taxpayer for any tax imposed              
          under subtitle A or B.  Petitioners have satisfied the                      
          requirements of sec. 7491(a).  However, as the discussion below             
          shows, the resolution of this case does not depend on which party           
          has the burden of proof, and therefore petitioners’ motion is               
          moot.                                                                       




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