- 2 - Respondent determined a deficiency in petitioner’s 1999 Federal income tax, an addition to tax under section 6651(a)(1), and an accuracy-related penalty under section 6662(a) in the respective amounts of $6,654, $308, and $1,331. The issues are (1) whether petitioner had unreported income of $35,000; (2) whether petitioner is liable for the accuracy-related penalty under section 6662(a); and (3) whether petitioner is liable for the addition to tax under section 6651(a)(1). Petitioner resided in Orlando, Florida, at the time the petition was filed. Background The facts may be summarized as follows. In January 1999 petitioner associated with his brother in an air conditioning installation and service business. Petitioner thought that the business was a partnership. It appears, however, that it was conducted as a corporation under the name of Treu Air, Inc. (Treu Air). A cousin, Tom Burgess (Mr. Burgess), was also associated with Treu Air. Treu Air treated petitioner, Mr. Burgess, and petitioner’s brother as independent contractors. It appears that each individual supplied his own truck and tools, but the operating expenses of these items were paid by Treu Air. Petitioner’s brother was in charge of the office and maintained the company records, such as they were, and Mr. Burgess and petitioner were engaged in the installation and service of air conditioners. The company check register andPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011