Specialty Transport & Delivery Services, Inc. - Page 6




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          The Ludlows’ Tax Reporting                                                  
               For each of the years 1996, 1997, and 1998, Ludlow and his             
          spouse filed a joint Form 1040, U.S. Individual Income Tax                  
          Return.  On these returns, the Ludlows reported as ordinary                 
          income from “Rental real estate, royalties, partnerships,                   
          S corporations, trusts, etc.” $15,605.36, $27,362.14, and                   
          $45,686.89 for 1996, 1997, and 1998, respectively.  For 1996 and            
          1997, attached Schedules E, Supplemental Income and Loss,                   
          characterize the foregoing amounts as nonpassive income from                
          Schedules K-1.  For 1998, $38,486.89 is shown on Schedule E as              
          nonpassive income from Schedules K-1; $7,200 is shown on                    
          Schedule E and on Form 4831, Rental Income, as rent; and $15,000            
          is shown on Schedule C, Profit or Loss From Business, as gross              
          receipts.  (Although a deemed stipulation states that $45,686.89            
          was reported on the 1998 Schedule E as nonpassive income from               
          Schedules K-1, a subsequent stipulation and documentary evidence            
          reveal the allocation above.)                                               
          The Notice of Determination                                                 
               Prior to the audit underlying the instant case covering                
          1996, 1997, and 1998, respondent neither audited petitioner for             
          employment tax purposes nor challenged petitioner’s treatment of            
          Ludlow as other than an employee.  Thereafter, on June 8, 2001,             
          respondent sent to petitioner the notice of determination at                
          issue in this proceeding.  The notice was based on a                        






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