James O. Jondahl - Page 34

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         return.  He claims the IRS characterized the items as corporate              
         expenses.  The record contains two documents from the audit of               
         petitioner’s 1987 return, a statement of income tax examination              
         changes and a partially redacted copy of a letter from the                   
         revenue agent.  Although it is clear that certain deductions were            
         removed from petitioner’s individual return pursuant to the                  
         audit, neither document refers to the crop hail insurance                    
         business, Taxman, or WFIC.  We find no relevance in the audit                
         documents regarding the sale of the crop hail insurance business.            
              We conclude that petitioner has not met his burden of                   
         proving that the crop hail insurance business was transferred to             
         Taxman and WFIC.  Consequently, any sale proceeds or commission              
         income earned by Jondahl Insurance while petitioner owned the                
         insurance business was properly taxable to petitioner, not WFIC              
         or Taxman.                                                                   
              Three checks from Mr. Ihry to Jondahl Insurance are in the              
         record evidencing the payment of the purchase price, dated May 9,            
         1990, November 2, 1990, and November 19, 1990, for $1,000,                   
         $3,962, and $10,000, respectively.  The purchase agreement                   
         between petitioner and Mr. Ihry provided that petitioner would               
         receive commissions from Farmer’s Mutual earned in 1990 and 1991,            
         and the amount Mr. Ihry owed would be reduced by the amount of               
         the commissions.  The parties stipulated that Jondahl Insurance              
         received $10,038 from Farmer’s Insurance in 1990, representing a             






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