Joyce H. Sams - Page 11




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          supra at 447.  Petitioner did not have a contract for employment            
          with Sams, Inc., which evidences lack of control by Sams, Inc.              
          See Johnson v. Commissioner, supra at 891.  Sams, Inc. had no               
          employees in 1996.  In addition, many of the checks deposited               
          into the account (which is in petitioner’s name) reflect                    
          petitioner individually as the payee, and not Sams, Inc.                    
          Furthermore, petitioner did not maintain records of the expenses            
          claimed on her individual return separately from the expenses               
          claimed on the return of Sams, Inc.                                         
               We conclude that petitioner was not an employee of Sams,               
          Inc., and that petitioner, not Sams, Inc., earned the gross                 
          receipts at issue.  We also conclude that petitioner was self-              
          employed.  Secs. 1401 and 1402.  Therefore, the gross receipts              
          reported on the return of Sams, Inc. are properly allocated to              
          petitioner under the assignment of income doctrine.                         
               Based on the above holding, we need not and do not apply               
          section 482 to these facts.                                                 
          2.   Unreported Income and Bank Deposits                                    
               During the examination of petitioner’s individual return,              
          respondent’s agent requested petitioner’s books and records,                
          including a sales journal, general ledger, and a general journal,           
          none of which petitioner produced.  Petitioner produced to                  
          respondent (and to the Court) bank statements reflecting deposits           
          to and withdrawals from the account from January 1 through                  






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