- 15 - dog-breeding business. See Haeder v. Commissioner, T.C. Memo. 2001-7 (taxpayer’s failure to issue wife a Form W-2 militated against the deductibility of payments to her); see also Martens v. Commissioner, T.C. Memo. 1990-42, affd. 934 F.2d 319 (4th Cir. 1991). On the issue of how the daughters’ compensation was determined, Mrs. Alexander’s testimony was inconsistent. She initially testified that petitioners predetermined they could pay each daughter approximately $4,250 for the year. She later testified, however, that petitioners paid each daughter $7 an hour. It is difficult to believe that each daughter earned exactly $4,250 for the year unless that amount was predetermined. Furthermore, we note that $4,250 was the amount of the standard deduction in 1998. See sec. 63(c); Rev. Proc. 97-57, sec. 3.04, 1997-2 C.B. 584, 586. As a result, each daughter could earn up to $4,250 without having to pay Federal income tax. We conclude that petitioners paid their daughters a flat amount that was determined at the beginning of the year, rather than an hourly rate. This fact weighs against the deductibility of the payments. See Furmanski v. Commissioner, T.C. Memo. 1974-47. As mentioned supra, the daughters generally did not receive cash from petitioners. In addition, the daughters received advances when they needed to make purchases. We have held that similar arrangements indicate a lack of correlation between thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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