- 7 - The Commissioner has produced numerous paychecks issued to petitioner by New Dimensions during the disputed pay period and copies of petitioner’s bank statements in support of the Form 1099, but he acknowledges that several paychecks are missing. As set forth below, the Court finds that the bank statements are inconclusive, and the probative evidence supports only a finding that petitioner earned $9,847.36 of the $12,396 reported on the Form 1099. Accordingly, we conclude that the Commissioner has produced sufficient evidence to show that petitioner had unreported income in 1999 and has satisfied his burden of production to the extent of the paychecks produced in support of the Form 1099, but he has not completely substantiated the full amount reported on the Form 1099. Unreported Income Section 61 provides that income from whatever source derived, including compensation for services, must be included in gross income. From the record in this case it is plain that petitioners must have realized that they were severely understating their income on their Federal income tax return for 1999. Even if we were to assume that petitioner did not receive a Form 1099 from New Dimensions, a cursory review of his Form W-2 from New Dimensions should have alerted petitioner to the fact that $28,320 only represented approximately two-thirds of his totalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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