- 30 - steps to separate his real estate activity in 1992 from WFIC but also acted as a sole proprietor in the 1992 transaction. These facts indicate that WFIC was not the true earner of the 1992 commission. Petitioner has not met his burden of proving that he did not earn the 1992 commission of $1,566. In 1993, petitioner brokered one transaction for which a commission of $28,000 was transferred from WFIC’s trust account to its checking account and another transaction for which Epic Real Estate received a commission of $102,080. The documents related to this second transaction, including a commission check, referred to Epic Real Estate as a division of WFIC. Petitioner deposited the proceeds from the transaction into WFIC’s general account. Likewise, in November 1993, petitioner brokered a transaction for his sister in which Epic Real Estate received a commission of $9,000. Petitioner also deposited this check into WFIC’s general account. These amounts were reported on WFIC’s corporate tax return for 1993. Petitioner changed the business name with the NDREC back to “West Fargo Investment Corporation d/b/a Epic Real Estate” on September 24, 1993, indicating his intent to operate the real estate business through WFIC again. We conclude that, for the purpose of the 1993 real estate transactions, petitioner was again an employee of WFIC. Petitioner has met his burden of proving that WFIC was the true earner of the real estate commissions in 1993, and respondent hasPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011