Robert D. Hill - Page 7

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          any evidence or credible argument that this income was not                  
          taxable to him for the subject year.  Respondent, on the other              
          hand, clearly established that petitioner was self-employed                 
          during 1999 and that he received the above-referenced amount in             
          connection with his self-employment business.  That evidence                
          includes:  (1) A copy of petitioner’s realtor’s license; (2) a              
          copy of an independent contractor’s contract between petitioner             
          and Queen’s Bay, the owner and developer of the London Bridge               
          Resort Time Share Condominium; and (3) a payroll check register             
          of LLC indicating that LLC paid petitioner during the relevant              
          year for his services.  The record also includes the testimony of           
          the custodian of records of LLC to the effect that petitioner               
          provided services for and received income from LLC.                         
               Second, petitioner received a tax refund of $266 from the              
          State of California.  Under the tax benefit rule, State income              
          tax refunds are taxable if the amount of the tax refund was                 
          deducted in a prior year and the deduction resulted in a                    
          reduction of tax for that year.  Sec. 111; Kadunc v.                        
          Commissioner, T.C. Memo. 1997-92; sec. 1.111-1(a), Income Tax               
          Regs.  The amount of the refund is taxable to petitioner absent             
          his proving to the contrary.  Petitioner has failed to present              
          any evidence or testimony to the effect that the amount of this             
          tax refund was not taxable to him for the subject year.                     








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