- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011