Roland E. Lewis, Jr. - Page 4

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          reimbursed to some extent, petitioner was told that they did not            
          “know what degree * * * whether 60 or 70 percent.”                          
               NSBE’s records show that petitioner received two payments              
          during 1998 and 1999.  The first, a $6,000 payment dated October            
          23, 1998, was labeled as a payment for “Commissions”.  The                  
          second, an $8,000 payment dated February 18, 1999, was labeled as           
          a payment for “Commission 97-98".  The latter payment is the                
          payment at issue in this case.  NSBE issued a Form 1099-MISC,               
          Miscellaneous Income, to petitioner for taxable year 1999.  This            
          form reflected nonemployee compensation of $8,000.                          
               Petitioner filed an individual Federal income tax return for           
          taxable year 1999.  Petitioner did not report as income any                 
          portion of the $8,000 payment which he received from NSBE,                  
          despite his assertion at trial that a portion of this payment was           
          for nonemployee compensation rather than a reimbursement of                 
          educational expenses.  In the statutory notice of deficiency,               
          respondent determined that the entire $8,000 was includable in              
          petitioner’s gross income and subject to self-employment income             
          tax.                                                                        
               Petitioner argues that, while a portion of the $8,000 was              
          indeed nonemployee compensation, the bulk of the payment was a              
          reimbursement of his educational expenses--which he refers to as            









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