Charlotte's Office Boutique, Inc. - Page 14

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          the audit and in the proceeding herein, petitioner did not                  
          dispute respondent’s determination that Ms. Odell was                       
          petitioner’s employee in any of the taxable quarters after 1995.            
          Petitioner did dispute respondent’s determination that Ms. Odell            
          was petitioner’s employee in 1995 and that petitioner employed              
          “Other Workers” in 1995 and 1996.  Respondent conceded in this              
          proceeding his determination as to the “Other Workers”.                     
               The Odells reported on their joint 1995 through 1998 Federal           
          individual income tax returns the following amounts of total                
          income, rent income, and royalties:                                         
          Total income     Rent income     Royalties                                  
                    1995          $107,804        $7,200         $42,048              
                    1996            91,912         2,500          34,200              
          1997           109,920         7,200         150,784                        
                    1998            98,329         7,200          46,690              
                    1 Whereas the 1997 Form 1099-MISC, Miscellaneous                  
               Income, that petitioner issued to Ms. Odell reported                   
               that it had paid to her royalties of $51,611, the                      
               record does not explain why the Odells reported this                   
               lower amount.                                                          
          They recognized (1) the royalties in full and (2) the full amount           
          of rent less $1,018 of depreciation in 1995, $860 of mortgage               
          interest in 1996, $794 of depreciation in 1997, and $1,086 of               
          depreciation in 1998.  For 1995 through 1997, petitioner deducted           




               5(...continued)                                                        
          income tax returns in October 1997 and began auditing                       
          petitioner’s corporate income tax returns in December 1997.                 




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