- 9 - Petitioner admits to having received the check from State Farm, and the check is made payable to him. Furthermore, he admits that he performed services (albeit as he views the matter, as an employee of W.H.Y.) that generated the issuance of the payment. Looking at the return itself, it is obvious that some negotiation occurred between petitioner and the revenue officer who prepared petitioner’s return. For example, the expenses deducted on the Schedule C appear to be estimates that could be based only upon information provided to the revenue officer by petitioner. Petitioner no doubt had an incentive to sign and file the return based upon the expense deductions allowed and his expectation that the liability reported on the return could be paid through a manageable installment agreement. Nevertheless, we think it unlikely that petitioner would have agreed to report on his return any income that he did not consider to be his,3 and we are not persuaded by his presentation at trial that he did. The record does not establish that the Federal income tax liability reported on petitioner’s 1992 return is overstated. It follows that respondent’s determination to proceed with collection of that liability should be sustained and we so hold. 3 Although we do not consider the point, we cannot help but wonder whether, under circumstances such as presented in this case, sec. 6404(b), which precludes a taxpayer from filing a claim for abatement for certain Federal taxes, has been rendered inoperative by the provisions of sec. 6330.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011