Nick Kikalos and Helen Kikalos - Page 16

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          result in annual promotional income of $52,656 from the R.J.                
          Reynolds contract ($13,164 x 4).  Adding this annualized figure             
          to petitioner’s reported promotional income of $16,736 and                  
          conceded postage income of $523 results in a total of $69,915,              
          the amount of respondent’s determination.                                   
               Petitioner contends:  (1) He made input errors; (2)                    
          respondent did not produce a 1997 Form 1099 from R.J. Reynolds to           
          petitioner; and (3) respondent failed to receive evidence from              
          R.J. Reynolds to prove that the payments were made under the                
          promotional contract.  Respondent, however, does not bear the               
          burden of showing that the determination is correct.  Petitioner            
          has the burden of establishing that the determination is                    
          erroneous.  Rule 142(a); Welch v. Helvering, 290 U.S. at 115.               
          This is another instance where petitioner’s failure to maintain             
          records is the root of the problem.  We cannot allow petitioner             
          to hide behind his own contrivance in this setting.  Accordingly,           
          we hold that petitioner failed to report promotional income of              
          $53,179.                                                                    
          III.  Bulk Sales Income                                                     
               Respondent determined that $25,425 in third party checks               
          used by petitioner to purchase cashier’s checks were from Nick’s            
          Liquors bulk sales customers.  Because the checks had not been              
          accounted for in petitioner’s records, respondent determined                
          $25,425 in bulk sales was not included in income for 1997.                  






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