- 2 - All section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. After concessions, the primary issue for decision is whether petitioner received additional wage income in the amount of $102,126. FINDINGS OF FACT Some facts are stipulated and are so found. At the time the petition was filed, petitioner resided in Fairview, Tennessee. Petitioner’s filing status for 1998 was “married filing separate”. In May 1998, petitioner incorporated under Tennessee law Champion Home Centers, Inc. (Champion), to sell modular homes. Throughout 1998, petitioner was an employee of and was the sole shareholder in Champion. Although the record in this case does not disclose petitioner’s particular title as an employee of Champion, petitioner was in control of Champion. In the fall of 1998, petitioner hired a part-time bookkeeper to work for Champion. The bookkeeper worked 10 hours a week for approximately 5 months. On December 30, 1998, a check in the amount of $95,233 was drawn on Champion’s checking account at Franklin National Bank. The check was made payable to petitioner and stated on its face that it related to “Payroll 12-31-98”. The check was made out byPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011