Annisa M. Owens - Page 4

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          reported the full amount of $7,500.  Petitioner timely filed her            
          Form 1040, U.S. Individual Income Tax Return, for 2000 but failed           
          to report the amount received from Mr. Kroner.                              
               Petitioner does not dispute receiving the money.  She merely           
          objects to its classification as a bonus and argues that it was a           
          gift from Mr. Kroner and therefore not includable in income.                
               At the end of the trial, respondent orally moved for leave             
          to conform the pleadings to the evidence under Rule 41(b).                  
          Petitioner did not object.                                                  
                                     Discussion                                       
               The resolution of the issue in this case does not depend on            
          which party has the burden of proof; therefore section 7491 does            
          not apply here.                                                             
          1.  Respondent's Motion                                                     
               As a preliminary matter, the Court must determine whether              
          respondent's motion to conform the pleadings to the evidence                
          should be granted.                                                          

















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