Richard Wos - Page 6

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          under section 7491(a), respondent maintains that that burden has            
          not shifted.  That is because, according to respondent, peti-               
          tioner failed to comply with section 7491(a)(2)(A) and (B).                 
          Petitioner takes no position as to whether his burden of proof              
          has shifted to respondent under section 7491(a) with respect to             
          the determinations in question.  We conclude that resolution of             
          those determinations does not depend on who has the burden of               
          proof with respect to them.  We now turn to those determinations.           
               Petitioner acknowledges (1) that he has net profit for 1996            
          and 1997 from his washing machine repair business in the amounts            
          of $30,2014 and $30,227,5 respectively, and (2) that he has                 
          pension income for 1997 of $3,852.  However, it is petitioner’s             
          position that neither his net income for each of the years at               
          issue from his washing machine repair business nor his pension              
          income for 1997 is subject to tax.                                          
               In support of his position with respect to his net profit              
          for each of the years at issue from his washing machine repair              
          business, petitioner argues, inter alia, that that profit was               
          “directly derived from the exchange of Petitioner’s personal                


               4Petitioner rounded his net profit for 1996 from his washing           
          machine repair business to $30,201.  According to the parties’              
          stipulation of settled issues, the actual net profit for 1996               
          from that business is $30,200.31.                                           
               5Petitioner rounded his net profit for 1997 from his washing           
          machine repair business to $30,227.  According to the parties’              
          stipulation of settled issues, the actual net profit for 1997               
          from that business is $30,227.02.                                           




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