Brendt L. Smith - Page 10

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          records to account for the income from those activities in those            
          years.                                                                      
               Petitioner admitted receiving $37,800 from Johnson Controls,           
          Inc., in 1995 as well as a 1995 Form 1099-MISC, Miscellaneous               
          Income, reporting that amount from that source.  Petitioner                 
          reported only $8,803 of gross receipts in his Schedules C, Profit           
          or Loss From Business, for his construction business and $2,651             
          for his antiques business in 1995.  Petitioner offered three                
          different explanations to respondent’s examiner concerning why he           
          did not report the $37,800 shown on the foregoing Form 1099-MISC:           
          (i) That he had not received the Form 1099-MISC in time to                  
          include the amount thereon in his 1995 return;9 (ii) that the               
          amounts reported on the 1995 Schedule C for his construction                
          business were net amounts; i.e., receipts less expenses; and                
          (iii) that when he thought about his truck payment, he “decided             
          to keep it.”                                                                
               In response to the examining agent’s inquiries seeking to              
          identify nontaxable sources of income during 1995 and 1996,                 
          petitioner claimed he received a $10,000 gift from his mother but           
          did not substantiate it.  Petitioner also claimed that during               
          1995 and 1996 he collected rent receipts of approximately $11,700           
          annually on his mother’s behalf from two rental properties that             


               9 We note in this regard that petitioner’s 1995 return was             
          filed on Oct. 21, 1996.                                                     





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