- 35 - portion of the commissions earned by Jondahl Insurance between May and November 1990. This amount plus the checks issued by Mr. Ihry (totaling $14,962) equal $25,000. We conclude that capital gain of $14,962 and ordinary income from commissions of $10,038 should be included in petitioner’s 1990 income. Respondent has introduced Farmer’s Mutual policy registers for 1990 and 1991 showing that Jondahl Insurance earned insurance commissions of $12,881.70 in 1990 and $3,141.95 in 1991. Respondent contends that these amounts are income to petitioner in addition to the $25,000 sale proceeds. Because respondent asserted an increased deficiency in his amended answer based on the inclusion in income of the insurance commissions, respondent has the burden of proving that petitioner received the commissions. See Rule 142(a). Respondent does not explain why petitioner would have received commission income after he sold the business at the end of 1990. From the record before us, it appears that the commission amounts listed in the Farmer’s Mutual policy registers may include the amount paid as part of the purchase price ($10,038), which we have already determined was income to petitioner. It is also possible that the additional commissions listed for 1990, to the extent they exceed $10,038 ($2,844), and the $3,141.95 listed for 1991 were received by Mr. Ihry after the business was sold or were part of the purchase price, settled byPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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