James O. Jondahl - Page 47

                                       - 47 -                                         
         Petitioner claims he canceled the debt because he thought the                
         $9,000 commission was “inappropriate”.  Because petitioner was an            
         agent of WFIC, his unilateral decision to effectively reduce                 
         WFIC’s commission by $7,000 without an adequate explanation shows            
         that the $7,000 was in substance compensation from WFIC to                   
         petitioner, who then gave it as a gift to his sister.                        
         Consequently, the $7,000 is compensation includable in                       
         petitioner’s 1993 income.                                                    
              In October 1993, petitioner paid for the Buick with WFIC’s              
         funds.  Respondent includes the price of the car in petitioner’s             
         income in the notice of deficiency.  Petitioner claims that the              
         car was purchased for WFIC’s business use and that a mileage log             
         was kept for business purposes.  He also claims that Mary                    
         reported compensation income on her 1993 and 1994 personal tax               
         returns and received Forms W-2 in 1993 and 1994 for her use of               
         the Buick.                                                                   
              Petitioner did not produce either Mary’s 1993 tax returns or            
         Forms W-2 or her 1994 Forms W-2 or tax returns.  The purported               
         mileage log of automobile use for 1993 is in the record.  First,             
         we do not find the mileage log to be a credible representation of            
         petitioner’s and Mary’s use of the Buick.  The mileage log                   
         includes entries for the months of July, November, and December              
         1993, but the Buick was not purchased until October 15, 1993,                
         according to the purchase contract.  In addition, the mileage log            






Page:  Previous  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  Next

Last modified: May 25, 2011