- 11 - the return indicate petitioner's status as an employee. The amounts reported on the forms were not included as wages, and without further explanation it is not apparent what income items are reported on the Schedule C. A taxpayer's self-serving declaration is no ironclad substitute for the records that the law requires. See Weiss v. Commissioner, T.C. Memo. 1999-17; see also Seaboard Commercial Corp. v. Commissioner, 28 T.C. 1034, 1051 (1957) (a taxpayer's income tax return is a self-serving declaration that may not be accepted as proof for the deduction or exclusion claimed by the taxpayer); Halle v. Commissioner, 7 T.C. 245, 247 (1946) (a taxpayer's return is not self-proving as to the truth of its contents), affd. 175 F.2d 500 (2d Cir. 1949). Petitioner submitted on November 17, 2000, a letter that substantiated her status as a person described in section 3121(d)(3) as to the amount on one of her Forms W-2. It was not until February 13, 2001, that evidence of her status, a person described in section 3121(d)(3), with respect to the Sullivan Broadcasting3 was supplied to the Commissioner. Respondent must then have concluded that the amounts reported on petitioner's Schedule C include the amounts reported on the Forms W-2. The notice conceding the business expense issue related to her employment status was sent to petitioners less than a month later. 3See supra note 1.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011