- 6 - and not as a beneficiary or owner. Accordingly, we hold for petitioner with respect to this issue. 2. Reported NonEmployee Compensation Petitioner does not dispute that he received compensation from Mr. McMickle for 2003. Petitioner, however, disputes the total amount of $3,497 reported by Mr. McMickle as nonemployee compensation. He disagrees with the Commissioner’s determination that he failed to report $3,497 in 2003, and argues that the determination is based solely on information erroneously filed by a third-party payor. Under section 7491(a), the burden of proof with respect to any factual issue shifts to the respondent if the petitioner introduces credible evidence with respect to that issue. Moreover, under section 6201(d), if a taxpayer asserts a “reasonable dispute” with regard to income reported by a third party, respondent must produce reasonable and probative information regarding the source of income derived. See Gussie v. Commissioner, T.C. Memo. 2001-302. At trial, petitioner testified that he worked only from November 18, 2003, through the end of December for Mr. McMickle (27 days), taking into account the Thanksgiving and Christmas holidays. Petitioner stated that he earned roughly $1,800 during that period. Petitioner’s estimate is based on his belief that he worked between 30 to 35 hours per week at $12.50 per hour.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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