- 15 - obligated to pay petitioner $650 only upon completion of the 12th month of petitioner’s contract, if petitioner complied with his obligations. The record indicates that petitioner did not send the required reference letter to HEH detailing his experience with the solar energy heater until November 1996. Consequently, the earliest date that HEH was obliged to allocate income to petitioner was November 1996. In addition, petitioner produced no evidence, other than the conflicting testimony of Mr. Sparkman, that the $650 was ever actually allocated or distributed to petitioner. Similarly, the other documentary evidence petitioner produced does not adequately support his assertion that HEH actually allocated income to petitioner for 1995. Petitioner did not claim any income from HEH on his 1995 return and has not filed an amended return. Furthermore, HEH did not report any allocation or distribution of income to petitioner on its original 1995 Form 1041 or on the original 1995 Schedule K-1 issued to petitioner. Petitioner introduced at trial what purports to be HEH’s amended 1995 return and an amended 1995 Schedule K-1 as proof that HEH earned income and allocated $650 of that income to petitioner for 1995. The record does not show, however, whether HEH’s amended return was actually filed. Although the amendedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011