Rick D. Lamb and Susan L. Story - Page 3

                                        - 2 -                                         
               Respondent determined deficiencies of $13,627 and $12,787 in           
          petitioners’ Federal income taxes for 1999 and 2000,                        
          respectively.2  The issues for decision are:  (1) Whether                   
          petitioners are entitled to deductions for trade or business                
          activities in connection with a legal/medical consultation                  
          activity of Rick D. Lamb (petitioner); (2) whether salary income            
          earned by petitioner as an employee can be considered as trade or           
          business income of the legal/medical consultation activity; and             
          (3) whether petitioner is entitled to a deduction for job search            
          expenses.                                                                   
               Some of the facts were stipulated.  Those facts, with the              
          annexed exhibits, are so found and are made part hereof.                    
          Petitioners’ legal residence at the time the petition was filed             
          was Portland, Oregon.  During the years at issue, petitioners               
          were residents of Helena, Montana.3                                         

               2Rick D. Lamb (petitioner) and Susan L. Story were married             
          to each other during the years in question but were divorced at             
          the time of trial.  Susan L. Story did not appear at trial.                 
          Petitioner advised the Court that his former spouse had knowledge           
          of the trial and agreed that petitioner would present the case on           
          their joint behalf.  Respondent did not move to dismiss for                 
          failure to prosecute as to Susan L. Story.                                  
               3Generally, the burden of proof is on the taxpayer to show             
          that the determinations in the notice of deficiency are in error.           
          Rule 142(a).  Sec. 7491, under certain circumstances, shifts the            
          burden of proof to the Commissioner.  However, for the burden to            
          be placed on the Commissioner, the taxpayer must comply with the            
          substantiation and record-keeping requirements of the Internal              
          Revenue Code.  Sec. 7491(a)(2)(A) and (B).  On this record,                 
          petitioners have not wholly satisfied that requirement;                     
                                                             (continued...)           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011