- 5 - At calendar call, petitioner for the first time disputed receiving the income from Dynamex or attaching the Form 1099 to his 2000 return. At trial, petitioner did not present evidence with respect to any factual issue relevant to ascertaining his liability for income tax for 2000.4 Petitioner merely objected to documents respondent wished to submit, and we received, as evidence. As petitioner presented no credible evidence, he bears the burden of proof.5 B. Gross Income Petitioner conceded receiving wage income from PEI. The issue is whether petitioner received gross income from Dynamex. Section 61 defines gross income as all income from whatever source derived. Gross income includes compensation for services. Sec. 61(a)(1). Respondent submitted petitioner’s 2000 return, which included the Form 1099 that was attached to the 2000 return (listing $29,490.83 in income paid to petitioner from Dynamex), and business records of Dynamex establishing the payments Dynamex 4 Petitioner was not present at the calendar call or trial. The four oral stipulations of fact Mr. Hause agreed to at trial were: (1) Petitioner’s Social Security number and petitioner was a citizen of the United States; (2) petitioner’s residence at the time he filed the petition; (3) petitioner timely filed his 2000 return; and (4) during 2000 petitioner received $1,414.56 in wage income from PEI. 5 We note, however, that our resolution of this issue does not depend on which party bears the burden of proof.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011