-7- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011