- 2 - MEMORANDUM OPINION NIMS, Judge: Respondent determined Federal income tax deficiencies for petitioners’ 1996 and 1997 taxable years in the amounts of $7,637 and $4,237, respectively. This case is presently before the Court on respondent’s motion for summary judgment. The principal, and to a significant degree interrelated, issues for decision involve whether petitioner Kevin Naughton was an employee or an independent contractor during 1996 and 1997 and whether he is entitled to deduct business expenses claimed on Schedules C, Profit or Loss From Business. Additional adjustments either have been conceded or are computational in nature. Unless otherwise indicated, all section references are to sections of the Internal Revenue Code in effect for the years at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. Background Petitioners signed their joint 1996 Form 1040, U.S. Individual Income Tax Return, on July 29, 1997, and their joint 1997 Form 1040 on March 13, 1998. Both returns were also signed by John E. Judge as preparer and were filed with the Internal Revenue Service. Attached to each return was a letter stating that Kevin Naughton (petitioner) was a physicianPage: 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