- 7 - The employee need not report on his tax return (either itemized or in total amount) expenses for travel, transportation, entertainment, and similar purposes paid or incurred by him solely for the benefit of his employer for which he is required to account and does account to his employer and * * * for which the employee is paid through advances, reimbursements, or otherwise, provided the total amount of such advances, reimbursements, and charges is equal to such expenses * * *. At trial, respondent called Mr. Ruess and Mr. Osburn as witnesses to corroborate the amount reported on the Form 1099 issued by Southeast to Mr. Fugitt for 1999. In addition to the testimony of these witnesses, records prepared and maintained by Southeast were introduced that detailed the sales made by Mr. Fugitt while employed by Southeast. Mr. Osburn maintained a contemporaneous record for Southeast at the time of each sale for purposes of determining Mr. Fugitt’s sales commissions. A summary of Mr. Fugitt’s sales commissions and per diem payments for 1999 was prepared by Mr. Osburn, which further supported the Form 1099 issued by Southeast.7 Mr. Fugitt did not keep, and thus did not produce, any records to prove his claims. He does not contend that he provided Southeast with receipts to account for his actual expenses incurred while at the RV shows. Mr. Fugitt has failed to present any credible evidence that the amount reported on the Form 1099 did not properly reflect income he earned while working 7 This evidence would satisfy any burden of production that respondent may have had under sec. 6201(d).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011