- 13 - Taking into account the three factors listed above, we find that Malone Music, if a trade or business within the meaning of section 162(a), was not, during the years in issue, petitioner’s trade or business, but the trade or business of one or more of the Malone children.8 It follows that the items of income9 and deductions attributable to Malone Music are not properly includable on petitioners’ return for either year in issue and we so hold.10 For each year in issue, respondent imposed a section 6662(a) accuracy-related penalty upon the ground that the underpayment of tax required to be shown on petitioners’ return for each year is due to negligence or disregard of rules or regulations. Sec. 8 Obviously, we have no jurisdiction in this proceeding with respect to any of the Malone children for any year and make no findings regarding the Federal income tax liabilities of any of them. 9 The issues presented and positions of the parties in this case focus our attention on disallowed deductions. Nevertheless, with respect to the income reported on the Schedules C, we note that our conclusion is entirely consistent with Lucas v. Earl, 281 U.S. 111 (1930) (income is taxed to the person who earned it). Our conclusion is further consistent with sec. 73, which provides, in general, that amounts received in respect of services rendered by a child are includable in the child’s gross income and not in the gross income of the child’s parents, even though such amounts are not received by the child, sec. 73(a), and expenditures paid by the parent or the child attributable to amounts which are includable in the gross income of the child are generally treated as paid or incurred by the child, sec. 73(b). 10 Our holding in this regard makes it unnecessary to address respondent’s other grounds for the disallowance of the deductions claimed on the Schedules C.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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