Lyndon D. Sinele - Page 5

                                        - 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